Un-concocted and un-contrived

Even the sole testimony of a witness like the victim himself who positively identified the accused is enough proof to establish guilt beyond reasonable doubt of the crime committed by said accused. The defense of alibi and denial cannot prosper in the light of the positive identification by the complainant himself given immediately after a startling occurrence known in law as the res gestae. These are the rules explained in this case.

This case involves Ernie, a homosexual and beautician. One time when he was seated alone on a bench outside the Church in their town, a person later identified as Marco approached him and asked for a cigarette. When Ernie could not produce one, Marco immediately stabbed him with a switch blade knife and ran away.

Feeling pain and sensing that he was profusely bleeding, Ernie walked a short distance and called for help. Two of his homosexual friends, Duday and Tonya, came to his aid and brought him to a hospital upon his request. He was admitted at about 12:40 a.m. as two doctors attended to him and found him in critical condition because of a 2.5 centimeter stab wound penetrating the liver which could have resulted in his death if not for the timely medical intervention. He was operated on at about 5 a.m. which ended at 7:30 a.m. Thereafter, SPO1 Luis went to the hospital to investigate and took his ante-mortem statement. The other policeman taking his statement had to put his ear near his mouth as Ernie tried to catch his breath. He stated in the presence of the doctor that it was Marco who stabbed him. So, the latter was charged with the crime of frustrated murder.

At the trial he pointed to Marco again as his assailant. He said that he recognized him because he used to see him at town fiestas playing hantak. His employer and owner told him Ernie’s name. Moreover, he said that a month before the incident, he had an accidental sexual affair with Marco who thereafter asked him money but he had none.

Marco on the other hand put up the defense of alibi. He declared that he came to know Ernie only in court and claimed that at the time of the incident, he was inside the church decorating the altar with flowers from neighbors. He named 41 persons inside the church watching him until he finished at midnight and went to his house which was located about 200 meters away. He even said that he does not smoke and did not know of any reason why Ernie pointed at him. His testimony was corroborated by Marta, the second degree cousin of his mother.

But the lower court still found him guilty although only of frustrated homicide. The court held that Ernie’s positive identification of Marco as the one who stabbed him prevails over the denial and alibi of the latter. This decision was affirmed by the Court of Appeals (CA).

Nevertheless, Marco still appealed to the Supreme Court (SC) contending that the ante mortem statement of Ernie was not part of the res gestae since it was taken only after Ernie’s operation the following morning and not spontaneously, immediately after the occurrence of the act. Besides, no other witnesses were presented to support his claim.

But the SC declared his contentions without merit. The SC said that Ernie’s statement was still part of the res gestae because it was taken a few hours after the operation when he regained consciousness. Therefore it is still the reflex product of immediate sensual impressions. It was the shocking event speaking through him and he did not have the opportunity to concoct or contrive the story. So it is part of the res gestae and admissible in evidence.

Besides, it was not really impossible for Marco to be at the place of the stabbing outside the church which was only 200 meters away and reachable in less than five minutes from his house. The SC likewise said that Ernie’s statement after his operation was not the sole basis for his conviction. He also pointed to Marco after surviving the incident and during the trial as the assailant who stabbed him. Conviction of the accused may be had on the basis of the credible and positive testimony of a single witness like Ernie if found credible by the Trial Court. This testimony prevails over alibi and denial which, if not substantiated by clear and convincing evidence, is negative and self-serving.

Thus Marco is really guilty of frustrated homicide and should be sentenced to imprisonment of four years, two months and day minimum to eight years and one day as maximum (Zarate vs, Regional Trial Court etc. G.R. 152263, July 3, 2009)

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