G.R. No. L-2462; March 6, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. GO LEE, defendant-appellant.

FACTS

On the night of October 20, 1947, Joaquin Yap was shot and killed while drinking with Jose C. Hio (also referred to as Jose Yu) at a restaurant in Binondo, Manila. Immediately after the shooting, Jose chased the assailant, informed patrolling policemen that the assailant had entered a Chinese club at 915 San Fernando, and there pointed to and identified Tan Hiap Seng as the shooter. Tan Hiap Seng was arrested. However, the following day, Go Lee was charged with the murder based on a sworn affidavit (Exhibit X-1) executed by Jose the next morning, which identified Go Lee as the perpetrator. At trial, Jose testified that he knew Go Lee was the shooter all along but had initially pointed to Tan Hiap Seng because Tan Hiap Seng was trembling. Go Lee presented an alibi, supported by a witness, that he was at a dinner elsewhere at the time of the shooting.

ISSUE

Whether the guilt of the accused, Go Lee, for the crime of murder has been proven beyond reasonable doubt.

RULING

No. The Supreme Court reversed the trial court’s conviction and ordered the immediate release of Go Lee. The Court found the testimony of the sole eyewitness, Jose C. Hio, utterly unreliable. His trial testimony identifying Go Lee was completely incompatible with his conduct and statements immediately after the crime, where he pursued, pointed to, and identified Tan Hiap Seng as the shooter to the police. The Court noted the witness’s inconsistent use of surnames and the lack of any explanation in the record for the switch in accused persons from Tan Hiap Seng to Go Lee. Such testimony, which contradicts natural human behavior, lacks probative value and cannot sustain a conviction. The Solicitor General’s recommendation for acquittal was found to be well-founded.

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