People V Acabo

DE GUZMAN, KRISANTA G.
Legal Research and Writing I
People v. Acabo, GR 22983, 27 February 2019
NATURE AND PROCEDURAL HISTORY: The case is an appeal of the 30 August 2016
Decision of the Court of Appeals affirming with modification the Regional Trial Court of
Dumaguete’s judgment dated 22 June 2015 finding Roger Acabo (appellant) of murder.
FACTS: The Prosecution’s version indicated that witness Josephine Enrera testified that
at around 6:00a.m. of 19 September 2014, she met the Alberto Paltingca who was going
uphill to pasture his cow. Two men suddenly appeared and ambushed them, whom she
recognized as the appellant, who was her neighbor, and Pael. She claimed that she saw
appellant shoot Alberto’s legs with a handgun, causing Alberto to stumble and fall
backwards. She further testified that Pael pointed a handgun at her and pulled the trigger,
but the gun did not fire, so she ran and hid behind the bushes. Enrera claimed that she
saw appellant run after Alberto and shoot him the second time, hitting him on his armpits,
then fell down and rolled downhill. Both men then ran and escaped towards the stream.
In his defense, appellant denied the accusation and presented his alibi that he was
working in a construction project in Tunga Tunga, Dauin, Negros Oriental and rendered
overtime work until 10pm on 19 September 2014. He claimed that he slept in his
bunkhouse thereafter and woke up at 5am on 19 September 2014. His employer claimed
that appellant reported for work on 19 September 2014 based on the daily time record,
but admitted that he did not actually see appellant that day.
The RTC and the CA both found appellant guilty as charged, giving full credence to the
lone eyewitness Enrera’s testimony.
ISSUES: (1) Whether the lone eyewitness’ testimony can be given credit;
(2) Whether appellant’s alibi can be given credence; and
(3) Whether the crime committed was attended with treachery and abuse
of superior strength.
FALLO: The Decision of the Court of Appeals was AFFIRMED with the modification that
increasing the amount of exemplary damages and temperate damages in lieu of actual
damages.
HOLDINGS: (1) Based on Josephine's direct and straightforward testimony, it was

established that appellant was one of the perpetrators of the crime. She gave credible
testimony that in the early hours of 19 September 2014, she and Alberto were walking
uphill when appellant and Pael ambushed them. Alberto was shot by appellant on his
legs, causing him to stumble and fall backwards. Appellant then ran after Alberto and
shot him the second time on the left arm, causing him to fall again, roll downhill and die.
Josephine's testimony suffers no material inconsistency as would affect its credibility.
(2) Appellant's defenses of denial and alibi must fail for being self-serving and unreliable
as against the positive identification of Josephine that appellant killed Alberto. It was
ruled that Sitio Talatala, where the incident took place, and the construction site where
appellant claimed he was at the time of the incident, could be traversed for only about
15 to 20 minutes.
(3) As established by the prosecution's evidence in this case, Alberto and Josephine were
walking uphill totally unaware of the impending attack upon them when appellant and
Pael suddenly appeared and ambushed them. Appellant thereafter shot Alberto who fell
downhill. Appellant then fired a second shot to ensure his death. Certainly, Alberto had
no opportunity to defend himself. He was unaware of the attack and was caught off guard
when his assailant suddenly approached and shot him with a gun. The stealth by which
the attack was carried out gave Alberto no chance to evade the same. Indeed, the
unexpected assault upon the victim and the fact that the assailant did not sustain any
injury evinces treachery.
RULING: (1) As a rule, the trial courts' findings and conclusions on the credibility of
witnesses are accorded respect because it has the first-hand opportunity to observe the
demeanor of witnesses when they testify. Absent any arbitrariness, oversight or
misappropriation of facts, the Court has no reason to overturn the factual findings of the
trial court, as in this case.
(2) For the defense of alibi to prosper, not only must the accused prove that he was at
some other place at the time of the perpetration of the crime but also that it was physically
impossible for him to be at the place where the crime was committed.
(3) There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to ensure its execution without risk to himself arising from the defense which
the offended party might make. To establish treachery, the prosecution must establish
the concurrence of these conditions: (1) that the victim as in no position to defend himself
when attacked; and (2) the offender deliberately adopted the specific manner of the
attack.
NOTES AND COMMENTS: A lone witness’ testimony can be given credence since the
trial court can observe their demeanor when they testify. Her testimony would not be
accorded respect if it is inconsistent which in this case, was not. Surely, the witness does
not have a grudge with the accused to point at him and have him convicted of murder.
The defense of alibi will not prosper if the accused is near the scene of the crime. Had
the accused properly planned his defense, he might not have been convicted. It would
seem that it came as an afterthought. However, since the witness’ testimony is reliable
and consistent, he cannot escape liability from his crime.

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DE GUZMAN, KRISANTA G.

Legal Research and Writing I

People v. Acabo, GR 22983, 27 February 2019

HOLDINGS: (1) Based on Josephine's direct and straightforward testimony, it was

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