GR 97032; (July, 1993) (Digest)
G.R. No. 97032. July 5, 1993
PROTACIO T. BACANI, petitioner, vs. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Protacio T. Bacani was charged with Homicide for the death of Abetalib Usodan and Frustrated Homicide against Khalik Menor. The charges stemmed from an incident on July 12, 1983, at Luisa and Sons Restaurant in Manila. According to the prosecution, after an initial amicable settlement of a minor misunderstanding in the comfort room, Bacani and his three companions suddenly attacked Menor, Usodan, and Sinuding Angsal as they were about to leave. Usodan was fatally stabbed, and Menor was injured with a broken bottle. Bacani was identified by Khalik Menor in a police line-up on July 28, 1983. The trial court convicted Bacani of Homicide and the lesser offense of Slight Physical Injuries. The Court of Appeals affirmed the decision. Bacani appealed to the Supreme Court, contesting the identification and the sufficiency of evidence.
ISSUE
Whether the prosecution proved beyond reasonable doubt that petitioner Protacio T. Bacani was the assailant who stabbed Abetalib Usodan and attacked Khalik Menor.
RULING
The Supreme Court REVERSED the decision of the Court of Appeals and ACQUITTED petitioner Protacio T. Bacani. The Court held that the prosecution failed to prove his guilt beyond reasonable doubt. The identification by the principal witness, Khalik Menor, was rendered unreliable due to several circumstances: (1) Menor, along with the deceased Usodan and witness Angsal, had each consumed nine bottles of beer, and Menor had additionally ingested “hycodine” cough syrup, impairing their perceptual abilities; (2) the crime scene was dimly lit; (3) the attack was sudden and tumultuous, creating confusion; and (4) there were inconsistencies in Menor’s account (e.g., initially stating he did not see who stabbed Usodan, and later claiming he did). The totality of these circumstances created a nagging doubt as to the correctness of Bacani’s identification. The presumption of innocence was not overcome.