GR L 2462; (March, 1950) (Digest)
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. Police records (the police blotter and complaint book) contemporaneously documented that Jose Yu identified Tan Hiap Seng as the assailant. The following day, however, Go Lee was arrested and charged with the murder based on a sworn affidavit (Exhibit X-1) executed by Jose the next morning, wherein Jose now accused Go Lee. At trial, Jose testified that he had known Go Lee since May 1947 and that Go Lee was the actual killer. Go Lee presented an alibi, claiming he was at a dinner party at the Shanghai Restaurant and was later escorted home, which was corroborated by a witness.
ISSUE
Whether the guilt of the accused, Go Lee, has been proven beyond reasonable doubt based on the testimony and identification by the lone eyewitness, Jose C. Hio (Jose Yu).
RULING
No. The Supreme Court reversed the trial court’s judgment of conviction and ordered the immediate release of Go Lee. The Court found the testimony of the eyewitness, Jose, utterly unreliable and incompatible with his conduct immediately after the crime. His initial, spontaneous identification of Tan Hiap Seng to the police, recorded in official documents, carried more weight and credibility than his subsequent sworn affidavit and trial testimony accusing Go Lee. The witness’s changing surnames and contradictory statements destroyed his credibility. The prosecution failed to overcome the reasonable doubt created by the witness’s inconsistent conduct and the strong alibi evidence. The Solicitor General’s recommendation for acquittal was deemed well-founded.
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