GR 89543; (November, 1992) (Digest)
G.R. No. 89543 November 13, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO ARGAWANON y BANTILAN, TEDDY SERICON alias “JUNREY” and ERNIE LAMBUJON y DUBLIN, alias “DANTE”, accused. ERNIE LAMBUJON y DUBLIN, alias “DANTE”, accused-appellant.
FACTS
Accused Alfredo Argawanon, Teddy Sericon, and Ernie Lambujon were charged with Murder for the killing of Patrolman Aquiles Castro on August 14, 1986, in Sitio Sumimbang, Daanbantayan, Cebu. Sericon remained at large and Argawanon escaped detention, so trial proceeded only against accused-appellant Ernie Lambujon. The prosecution’s case relied heavily on the testimony of Jennis Castro, the victim’s brother, who claimed to be an eyewitness. He testified that while watching a cockfight about six meters away, he saw his brother seated and conversing with others. He then heard a gunshot, turned, and saw his brother roll on the ground. He stated he saw two persons each with a .45 caliber pistol and another person wearing a blue T-shirt shoot his brother, identifying the latter as accused-appellant Lambujon. He claimed to have stared at the assailants for about five to seven seconds before running. He also testified seeing Alfredo Argawanon take the victim’s pistol and fire it, and another person take the victim’s wallet and watch. The victim died from multiple gunshot wounds. The defense presented accused-appellant Lambujon, who testified he was a fisherman and was at sea fishing from early morning until afternoon on the day of the crime. He claimed he was arrested on August 30, 1986, on suspicion of being an NPA member, was manhandled, and was never asked about the killing during his initial arrest and investigation. Another defense witness, Beata Lauron Arrogancia, testified that those responsible for the killing were Teddy Sericon and a certain Rubin, members of an NPA sparrow unit, and that she only heard about their involvement. The Regional Trial Court convicted Lambujon of Murder and sentenced him to reclusion perpetua. He appealed, assigning errors regarding his identification, the sufficiency of evidence, and the legality of his warrantless arrest.
ISSUE
The primary issue is whether the prosecution’s evidence, particularly the eyewitness identification by Jennis Castro, is sufficient to prove the guilt of accused-appellant Ernie Lambujon beyond reasonable doubt for the crime of Murder.
RULING
The Supreme Court REVERSED the judgment of conviction and ACQUITTED accused-appellant Ernie Lambujon based on reasonable doubt. The Court found the testimony of the lone eyewitness, Jennis Castro, to be inconsistent and unreliable. His testimony on the number of assailants was contradictory, initially stating three, then four, and even five perpetrators. His identification of Lambujon was questionable, as he described seeing two men with pistols and a third in a blue T-shirt shooting the victim, but on cross-examination, he stated the two men with pistols were the only ones who shot, creating doubt about Lambujon’s actual participation. The Court noted the witness had only a brief opportunity to observe the events while in a state of fear and while running away. Furthermore, the defense presented credible evidence of Lambujon’s alibi as a fisherman working at sea during the time of the crime, which was corroborated by another witness and was not physically impossible. The Court also found the warrantless arrest of Lambujon to be illegal, as it was based merely on suspicion of being an NPA member without any overt criminal act being committed in the presence of the arresting officers. Given the inconclusive and doubtful evidence presented by the prosecution, the constitutional presumption of innocence prevailed. The Court ordered Lambujon’s immediate release unless detained for another lawful cause.
