G.R. Nos. L-69337-38, March 8, 1989
People of the Philippines vs. Alfredo Taruc y Sapan and Antonio Efe, Jr. y Leyce

FACTS

In the early morning of May 10, 1981, the body of Luis Martinez was discovered on Mabagos Street in Tondo, Manila, bearing wounds, strangulation marks, and banana peelings stuffed in his mouth. The principal witness for the prosecution was Federico Sanchez, a beautician who was allegedly also attacked. Sanchez testified that he was lured by accused Alfredo Taruc to Taruc’s house, where he found co-accused Antonio Efe, Jr. strangling Martinez and forcing banana peelings into his mouth. Both assailants demanded information about a certain Boy Baba. Taruc then attacked Sanchez, strangling him with wire, stabbing him in the thigh, and threatening to kill him. Sanchez managed to escape when the two accused became preoccupied with Martinez. The autopsy confirmed Martinez died of asphyxia by strangulation, with stab wounds and banana peelings in his system. Taruc and Efe were convicted of Murder for Martinez’s death and Frustrated Murder for the attack on Sanchez. Efe died pending appeal, leaving Taruc as the sole appellant.

ISSUE

The core issues were: (1) the sufficiency of the prosecution’s evidence, particularly the credibility of eyewitness Federico Sanchez, to prove Taruc’s guilt for Murder beyond reasonable doubt; and (2) the correctness of the conviction for Frustrated Murder based on the nature of Sanchez’s injuries.

RULING

The Supreme Court affirmed the Murder conviction but modified the Frustrated Murder conviction. On the first issue, the Court found the trial court’s assessment of Sanchez’s credibility to be sound and without reason for reversal. Sanchez provided a detailed, consistent, and spontaneous account of the brutal killing. His testimony was corroborated by the medico-legal findings on Martinez’s corpse and by the superficial wounds found on his own person. The defense of denial and alibi proffered by Taruc was weak and unsubstantiated. The Court held that the positive identification by a credible eyewitness prevails over such defenses. The killing was attended by treachery, as the helpless Martinez was strangled and subdued, qualifying the crime as Murder.
On the second issue, the Court applied the doctrine that for Frustrated Murder, the prosecution must prove that the assailant performed all acts of execution which would produce the felony as a consequence, and that the victim’s death did not occur solely due to a cause independent of the will of the perpetrator. The medical evidence showed Sanchez’s wounds were superficial, described as “punctured wounds” that had already closed by the time of examination and were deemed not life-threatening. Given the nature of the injuries, the Court ruled that the acts performed did not constitute felonious execution of murder but merely constituted the crime of Slight Physical Injuries. Consequently, the conviction for Frustrated Murder was reversed. The civil liabilities of the deceased Antonio Efe, Jr. were extinguished by his death prior to final judgment.