G.R. No. 47747 February 15, 1990
TAN ANG BUN, petitioner, vs. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Tan Ang Bun was charged with Homicide, Serious Physical Injuries, and Damage to Property through Reckless Imprudence. The information alleged that on August 26, 1973, in Gerona, Tarlac, he drove his car in a negligent manner along MacArthur Highway, causing a collision with another vehicle. The accident resulted in the death of a passenger, serious injuries to the other driver, and property damage. After trial, the Court of First Instance of Tarlac convicted him. The Court of Appeals, in a decision dated August 17, 1977, affirmed the conviction with modifications to the awarded damages. A motion for reconsideration and/or new trial was subsequently filed based on the recantations of four prosecution eyewitnesses.
The motion alleged that these witnesses, after reviewing the transcripts of their court testimonies, discovered errors and omissions on material points significant to determining the accused’s guilt. They executed affidavits stating that their original testimonies did not reflect the truth. They now asserted that the petitioner was on his proper lane, traveling at a slow speed, and was not overtaking at the time of the collision, thereby exonerating him from fault. Furthermore, the complaining witness, Alfonso Go Ching Kae, executed an affidavit absolving the petitioner of any fault and waiving all claims. The civil case for damages arising from the accident had also been dismissed.

ISSUE

Whether the recantations of the prosecution witnesses warrant the grant of a new trial and the acquittal of the petitioner.

RULING

Yes. The Supreme Court granted the petition, reversed the appellate court’s decision, and acquitted the petitioner. The Court emphasized that while recantations are generally viewed with suspicion, they may be relied upon under exceptional circumstances where there is no evidence of coercion or improper motive, and the recantation is convincingly shown to be true. In this case, the recantations were made by all four key prosecution eyewitnesses. Their sworn statements uniformly and materially altered their original testimonies on the crucial fact of the petitioner’s negligence, now asserting he was not at fault. This collective recantation bolsters its credibility.
The Court found that these new statements, if presented earlier, would likely alter the judgment. The recantations are corroborated by the affidavit of the injured party, Alfonso Go Ching Kae, who exonerated the petitioner, and by the dismissal of the related civil case. The Solicitor General also concurred with the petitioner’s plea. Considering the totality of these circumstances—the unanimity of the recantations, the supporting affidavit from the victim, and the concurrence of the Solicitor General—the Court held that the evidence of guilt was no longer sufficient to sustain the conviction beyond reasonable doubt. The legal effect of the recantations, under these specific facts, is to dismantle the prosecution’s case entirely, thereby entitling the petitioner to an acquittal.