GR L 560; (March, 1949) (Digest)
G.R. No. L-560; March 9, 1949
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. RUFO ALFARO, defendant-appellant.
FACTS
In the early hours of July 16, 1945, Kwong Suy Fong was shot and wounded by Rufo Alfaro at Kwong’s house. Kwong identified Alfaro as the assailant to his wife, to arriving neighbors, and later at the hospital to military police. Kwong died from the gunshot wound two days later. Alfaro was arrested at his home. The trial court found that the motive for the crime stemmed from a soured relationship between the two, who were formerly compadres, involving business disputes and a threat by Kwong to expose Alfaro as a Japanese collaborator. Alfaro was convicted of murder qualified by treachery (alevosia). After conviction, Alfaro filed a petition for a new trial based on newly discovered evidence, alleging that the crime was actually committed by one Mamerto and others during a robbery.
ISSUE
Whether the trial court erred in denying the accused’s petition for a new trial based on newly discovered evidence.
RULING
No, the trial court did not err. The Supreme Court affirmed the conviction. The petition for a new trial was properly denied because the alleged newly discovered evidence—the testimonies of Jesus Donato (a convict) and Eustaquio Sanguil—was not credible and would not change the result of the case. The Court found the testimonies pointing to other perpetrators to be a “crude tactic” to save the accused and unworthy of belief. The positive identification of Alfaro by the victim and others, along with the established motive, supported the conviction for murder qualified by treachery. The Court also held that nocturnity (nocturnidad) should not be considered as a separate aggravating circumstance as it was absorbed in the treachery. The penalty of reclusiĂłn perpetua and an indemnity of P2,000 to the heirs of the victim were affirmed. Justice Perfecto dissented, voting to grant a new trial.
AI Generated by Armztrong.