People vs. Manalo Digest 219 SCRA 656

People v. Manalo

G.R.Nos. 96123-24 March 8, 1993

Melo, J.:

Object Evidence

Facts:

1. Accused Rolando Manalo  for shooting one Warlito Bonillo and one Carlito Diomampo with an unlicensed pistol Colt Caliber .45.

2. The conviction was the result of the filing of two (2) amended informations. The accused pleaded not guilty. After trial on the merits the accused was found guilty beyond reasonable doubt of the crime of murder in relation to PD 1728.

3. Witness Carlos Lacbay narrated that at about 5PM of Nov. 29, 1989 he visited one of the victims, Diomampo, in the latter's house where they conversed over some wine and camote regarding the latter's interest in buying a motorcycle. After 2 hours, witness Lacbay decided to leave, while Diomampo and a brother-in-law offered to accompany him home. After this, Lacbay rode on his service motorcycle while Diomampo and the other person (Bonilla) rode in tandem in their own motocycle.

4. When the group arrived at Bgy. San Rafael in San Pablo City at about 7 pm, and parked their motorcycles, accused Manalo (an acquaintance of both victims) arrived and invited the victims to his house for some drinks. The two acceded after insisting that Lacbay would go as he did, with them. As they were walking to accused house, Bonilla and Diamampao walked ahead, with accused following close by and Lacbay behind the latter.

5. After the victims entered the house of accused, the latter suddenly drew a .45 Caliber gun and shot Diomampo once in the head and then Bonilla on the temple about 3 meters from behind. Both died immediately, nevertheless, accused fired another shot at Diomampo. Lacbay who saw everything was so shocked. The accused told him that he shot both because Diomampo had impregnated his daughter, Dina Manalo. After this, accused asked Lacbay to dig, to which the latter refused. Finally, accused asked him not to leave the place as he would look for someone to do the digging. Lacbay took this chance to flee the scene. Subsequently, both the bodies of Bonilla and Diomampo were found buried in a shallow pit under the 'banggerahan' of accused' house.

6. The defense maintains the innocence of Manalo, arguing that he is merely a witness to the crime perpetrated by two unknown assailants. According to the defense' version of the story, it was these two unknown persons who killed both victims. Accordingle, the assailants were already waiting in the area for  Bonilla and Diomampo, then thereafter shot them.

RULING:

The court had examined the evidence and it found that it supported the judgement of the lower court.The accused banks on the alleged absence of physical evidence showing that accused fired a gun. The court held that this circumstance did not prove his innocence since even if a paraffin test would yield a negative result, it is still possible for one to have fired a gun and washed his hands thereafter.The court also recognized the great possibility that there will be no paraffin traces left in the hands when a bullet was fired from a .45 Caliber pistol, as held in the case of People vs. Rebullar (188 SCRA 838).

Finally, the lone witness to the crime, Lacbay has positively identified Manalo as the sole perpetrator of the killing. Lacbay can never be said to be a prejudiced witness since he had no other motive nor misunderstanding to maliciously testify against Manalo. The little delay in reporting the killings to the authorities was due to the shock, confusion and fear of Lacbay and that he had to wait ans consult with a relative who was a member of the Philippine marines.

More importantly, the accused Manalo has executed an extrajudicial statement admitting the killings but which he later on withdrew during the trial. Accused adopted two irreconciliable stands that is actually the heart of the case, rendering him unworthy of credit and belief. Accused also wrote several letters, one to Mr. Marcela Bonilla offering money as settlement for the death of the two victims and then to Fiscal Escondo requesting him no to charge murder but only homicide as he had no intention to kill the victims. In one of these letters, he even asked forgiveness for  the crime he had committed.