Positively identified

In the prosecution of crimes, the identity of the accused is important to prove guilt beyond reasonable doubt. There are however some crimes where the identity of the accused is quite hard to establish because the eyewitnesses to the event cannot see or have not clearly seen the assailants. This is true especially in crimes committed during melees or rumbles between members of warring fraternities which end up in fatal killings. Sometimes, charges are filed against persons based on mistaken identity so they still undergo trial, like in this case.

This case involves members of two warring fraternities in a school: the “Lex Solis,” and “Cinco Estrella.” The incident started at around noontime in the school canteen near the Main Library. At that time, seven members of Cinco Estrella fraternity, particularly Glen, Donald, Tim, Martin, Abet, Willy and Rob were eating lunch there, when a group of 12 men with heads covered with shirts and handkerchiefs, suddenly charged toward them and beat them up with baseball bats and lead pipes. Some of the attackers were seen and identified because their masks fell off. The attack lasted only for about 45 seconds, but it resulted in serious physical injuries including the death of Martin who suffered several contusions at the back of the upper left arm, hematoma on the back of both hands and the skull, and two lacerations and several fractures at the head that caused intra cranial hemorrhage. The medico-legal officer who autopsied Martin concluded that he died of traumatic head injuries.

That same evening, upon advice of the officers of Lex Solis, Glen, Donald, Tim, Abet and Willy gave their sworn statements before the National Bureau of Investigation (NBI).  Thereafter, charges were filed against 12 members of the Lex Solis Fraternity, namely, Richard, Jimmy, Vince, Francis, Chito, Sonny, Noli, Rudy, Bal, Philip, Simon and Peter, for the murder of Martin; frustrated murder for the injuries sustained by Abet and Willy; and Attempted murder for the injuries sustained by Donald Tim and Glen. However only 11 of them were tried as Simon remained at large.

At the trial, Glen, Willy, Abet, Tim and Donald testified for the prosecution relating what happened to them and pointing to their attackers whom they saw and identified because their masks fell off or they were not yet wearing any masks. After the prosecution presented their evidence-in-chief, the court granted the demurrer to the evidence filed by Peter and dismissed the charge against him because he was not sufficiently identified and was not mentioned in any of the documentary evidence of the prosecution.

Then after the trial proper when the accused have likewise testified and presented their evidence for their defense, Richard, Noli, Rudy, Bal, Philip and Peter were also acquitted. Only Vince, Francis, Chito, Jimmy and Sonny were found guilty of murder and attempted murder and sentenced to suffer imprisonment of reclusion perpetua. They appealed the decision to the Court of Appeals (CA) which however affirmed it. So they still appealed to the Supreme Court for review where they contended among others that both the RTC and the CA’s decision are wrong because they were not sufficiently identified by the prosecution witnesses. Were they correct?

The SC said no. The trial court correctly held that considering the swiftness of the incident, there would be slight inconsistencies in the statements of the witnesses. It is perfectly natural for different witnesses testifying on the occurrence of a crime to give varying details as there may be some details which one witness may notice while others may not. The perfect dovetailing of narration by different witnesses could even mean that their testimonies were prefabricated and rehearsed. In this case the positive identification of the accused by the different witnesses of the prosecution was due to the fact that they either wore no masks or that their masks fell off.

It would be in line with human experience that a victim or an eyewitness to a crime would endeavor to find ways to identify the assailant so that in the event that he or she survives, the criminal could be apprehended. It is the most natural reaction for victims of criminal violence to strive to see the looks and faces of their assailants and observe the manner in which the crime was committed. Most often the face of the assailants and their body movements, create a lasting impression which cannot be easily erased from memory In the commotion, it is more than likely that the masked assailants could have lost their masks because it fell off.

Besides, the acquittals made by the trial court of some of the accused further prove that the decision was made only after a thorough examination of the evidence presented. The lower court correctly ruled that inconsistencies and even probabilities are not unusual because there is no person with perfect faculties or senses.

Furthermore while the general rule is that a witness can testify only on the facts he personally knows, statements made by him while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to circumstances thereof, may be admitted in evidence as part of the res gestae, or the circumstances, facts and declarations that grow out of the main fact as to exclude the idea of deliberation and fabrication. (People vs. Feliciano, Jr. Medalla, Soliva, Zingcapan and Alvir, G.R. 196735, May 5, 2014)

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