G.R. No. L-16714; January 31, 1962
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXENCIO MORADO, defendant-appellant.

FACTS

The Court of First Instance of Masbate convicted Maxencio Morado of murder for the killing of Faustino Laurio and sentenced him to reclusion perpetua. The incident occurred on the night of July 20, 1957, during a benefit dance at a school in Baleno, Masbate. Prepedigno Adrias, who was with the victim on the lawn outside the school building, witnessed the accused suddenly arrive running with a bolo and hack Laurio on the neck. Adrias immediately shouted a warning. Another witness, Alfredo Esquila, also testified to seeing Morado attack Laurio, who was in a squatting position. The victim died from the severe neck wound. The police recovered the weapon and arrested Morado the following day.
The defense presented an alibi, claiming Morado was at a relative’s house, half a kilometer away, at the time of the crime. The defense also challenged the credibility of witness Esquila, noting he had not executed an affidavit prior to trial and was not originally listed as a witness. Furthermore, the defense objected to the trial court’s consideration of Exhibit F, the record of a prior criminal case where Laurio was charged with frustrated murder against Morado, which was used to establish motive.

ISSUE

The primary issues were: (1) whether the trial court erred in giving credence to the testimony of Alfredo Esquila, and (2) whether it erred in considering Exhibit F to establish motive.

RULING

The Supreme Court affirmed the conviction. On the first issue, the Court held that the rules of procedure do not require a witness to have executed an affidavit before testifying. The purpose of listing witnesses is to prevent surprise and allow the defense to prepare, a condition satisfied here as the defense had the opportunity to cross-examine Esquila. His positive and direct testimony, corroborated by other evidence, was deemed credible and sufficient to establish the accused’s guilt beyond reasonable doubt.
On the second issue, the Court found that Exhibit F was properly admitted into evidence, as shown by the trial court’s minutes. Even assuming it was not, ample evidence of motive existed, as the record indicated a history of animosity between the accused and the victim, with Laurio having been previously charged for an attack on Morado. The defense of alibi, supported only by a relative’s testimony, could not prevail over the positive identification by credible eyewitnesses. The Court also denied a motion for new trial based on alleged newly discovered evidence, finding it would not alter the outcome. The crime was murder qualified by treachery, and the penalty of reclusion perpetua was affirmed.