People vs. Pulgo (2017)

PEOPLE OF THE PHILIPPINES vs. MARCIAL D. PULGO

G.R. No. 218205, July 5, 2017 

TIJAM, J.:

Facts: In an Information, appellant was charged with murder committed as follows:  that in Lorega, San Miguel, Cebu City, the accused, with treachery and evident premeditation, feloniously attack and stab one ROMEO S. LAMBO, with the use of a bladed weapon, hitting the latter on his abdomen, which caused his death thereafter.

Accused-appellant denied any involvement in the stabbing claiming that he was with his mother, Violeta Pulgo, in Moalboal, Cebu at about 4:00 p.m. of July 21, 2007, to buy a goat from his aunt for their fiesta, and at around 5:30 p.m., he was surprised to receive a call from his brother, Rosvil Pulgo in Lorega, informing him that Romeo had been stabbed and that he was the prime suspect. His alibi was corroborated in its material points by Violeta and Rosvil. He stayed in Moalboal for about a year before returning in Lorega to clear his name. He was, however, arrested upon reaching Lorega.

Issue: Whether or not appellant liable for murder.

Ruling: Yes. To convict an accused for murder, the following must be established: (1) a person was killed; (2) the accused killed him; (3) the killing was with the attendance of any of the qualifying circumstances under Article 248 of the Revised Penal Code; and (4) the killing neither constitutes parricide nor infanticide.

The prosecution's evidence has established beyond reasonable doubt that accused-appellant killed Romeo. Furthermore, there is no dispute that the killing constitutes neither parricide nor infanticide. And contrary to accused-appellant's contention, the killing was qualified by treachery.

Romeo had approached Aurelio in Lorega to ask to be accompanied to a certain place, and they were standing side by side when accused-appellant approached them and suddenly pulled out a knife and stabbed Romeo. The suddenness of accused-appellant's attack and the circumstances under which it was committed made it impossible for the unsuspecting Romeo to put up a defense, ensuring accused-appellant's execution of the crime without risk to himself.

Ratio Decidendi: Positive identification prevails over alibi since the latter can easily be fabricated and is inherently unreliable.

Gist: This is an appeal from the Decision of the CA, which affirmed accused-appellant Marcial D. Pulgo’s conviction for Murder as rendered by the RTC of Cebu City.