GR L 22414; (September, 1982) (Digest)
G.R. No. L-22414 September 23, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO BUENAVENTURA, PEDRO HERRERA (appeal dismissed June 28, 1971) FILOMENO MUYA and IÑIGO BUENAVENTURA, defendants-appellants.
FACTS
The accused, Francisco Buenaventura, his son Iñigo, and tenants Pedro Herrera and Filomeno Muya, were charged with Murder for the stabbing death of Roque Lastrado on October 2, 1958, in Lambunao, Iloilo. The trial court convicted all four as principals of Murder qualified by treachery and sentenced them to reclusion perpetua. All accused appealed. During the appeal, the untranscribed stenographic notes of the trial testimonies were lost. The Supreme Court ordered reconstitution. The prosecution eyewitnesses, Antonio and Virginia Lastrado, could not be located for retaking of their testimonies, as they had reportedly gone to Mindanao.
ISSUE
Whether the guilt of the accused was proven beyond reasonable doubt despite the loss of the original stenographic notes containing the eyewitness testimonies.
RULING
Yes, the guilt of the accused was proven beyond reasonable doubt, but the crime committed is Homicide, not Murder. The legal logic proceeds from the principle that the loss of the original stenographic notes does not automatically vitiate a conviction if other competent evidence sustains the judgment. Here, the affidavits of the missing eyewitnesses, Virginia and Antonio Lastrado, which were formally offered in evidence and subjected to cross-examination during the trial, remain in the record. These affidavits have probative value. They consistently narrate how the four accused, all armed, jointly attacked the victim. The trial court, which had the opportunity to observe the witnesses, found the accused’s claim of self-defense by Francisco Buenaventura to be incredible and fabricated, noting his unconvincing demeanor. The affidavits, however, do not sufficiently establish the qualifying circumstance of treachery (alevosia), as the attack was frontal and the victim was able to draw his bolo. Thus, without treachery, the crime is properly Homicide under Article 249 of the Revised Penal Code. The Court modified the penalty to an indeterminate sentence of 10 years of prision mayor medium as minimum to 17 years of reclusion temporal medium as maximum and increased the civil indemnity.