People vs Pelones G.R. Nos. 86159-60 [Case Digest]

 

People vs Pelones
G.R. Nos. 86159-60

Facts:
    Jose Malto and Guillermo Solina were co-employees of Rogelio Pelones in the New Star Farm. Pelones was however subsequently dismissed from the service when Solina reported to Rudy Tan, owner of the farm, that he (Pelones) stole chickens and brought a girl to the nipa hut in the farm.
    Shortly before midnight of 18 August 1986, Malto and Solina were inside the poultry farmhouse when Pelones, together with five others, armed with bladed weapons, suddenly appeared, forcibly dragged the two outside, and made them face the wall. Upon signal of one of the malefactors, Pelones started attacking Solina, and after a second, another unidentified attacker assaulted Malto with a bladed weapon. Although critically wounded, Malto was able to escape finally from his assailants. He sought refute in the office of the New Star Farm where he fainted and regained consciousness only in the Quezon Memorial Hospital, Lucena City. Although his wounds were considered fatal, he nonetheless survived to testify against Pelones.
    In attempting to reverse the verdict of the trial court, appellant engages in pathetic excuses, concocting a scenario of what might have happened instead, and posing questions that should have been asked during the trial. Worse, without questioning the competence of the doctor who conducted post-mortem examination on the remains of victim Solina, appellant challenges as without basis the doctor's findings that wounds Nos. 1 and 2 of Solina were fatal and instantaneous cause of death, absent any indication that such wounds penetrated the heart.
    Accused Pelones disputes the claim that the critically wounded Malto could have escaped from the grips of the two (2) aggressors who were holding his shoulders, with a third one behind him.


Issue:
    Whether Pelones is guilty for the crimes charges against him.

Held:
    YES. Far from being indicative of fabrication, this circumstance could be considered a manifestation of candor since a person mortally wounded, struggling to bolt from eventual death, would not be in a position to notice details of his own escape.
    The excuse of alibi bows down to the primacy of positive identification in the absence of any compelling motive for Malto to falsely accuse another of committing a heinous crime.