TOPIC: Effects of Belief
CRIME: Murder and Attempted Murder
FACTS:
This is a criminal case against one Marcelino Maguikay.
A murder case against Marcelino Maguikay, for having killed Carlos and Robero Bulilan, due to multiple gunshot wounds, and an attempted murder of Danilo Bulilan, Danilo suffered a gunshot wound on his stomach, but was not fatal enough to cause his death, unlike what happened to his father and his brother.
On December 21, 1989 at 5:00 PM. The Bulilan father and sons were on their way home from G-Liner, a bus company, in which the three of them are working, travelling along Ortigas Avenue Extension, in Pasig, 3 men approached their car, and rained them of gunshots. Carlos, who was then seated at the driver’s seat and Roberto, who was seated beside him on the passenger seat, were both shot multiple times, which concluded their death, and Danilo who was seating at the back, suffered a minor shot on his stomach, played dead, so as to survive the ambush, after the parade of gunshots, Marcelino, then ordered the 2 other gunmen to check and get the things of Carlos “kunin niyo gamit niyan, may dala yan”
Afterwards, when Danilo felt that it’s safe to get out, he checked upon his father and brother, only to see that they were both lifeless, covered with their own blood.
He then, asked for help, and luckily a G-Liner bus, passed the road on where they are and the driver helped him to take his father and brother to the hospital where they were pronounced dead on arrival.
By the time that the police were informed about the ambush, they immediately went to the hospital on where Danilo was, and immediately asked for his statement. Danilo, then narrated what happened, saying that he was able to identify one of the assailants as Marcelino Maguikay.
On January 15, 1990. The accused Marcelino Maguikay, voluntarily surrendered himself for investigation at Rizal PC/INP Command.
On February 15, 1990, among eight presented men in front of Danilo, he positively pointed out Marcelino as the Perpetrator of the said incident.
Marcelino Maguikay, pleaded not guilty of the said crime, providing an alibi, that by the time that the incident occurred he was an apprentice driver of Inland Trailways, and he’s travelling to Catbalogan Samar, with his co drivers Jimenez and Maceda, he also presented logbooks to support his claims.
COURT’s DECISION:
Being positively pointed out by the sole witness of the ambush, made his alibi weak, due to the doctrine of res gestae, which means. The statement was made within an hour after a startling occurrence, respecting the circumstances thereof, when the victim did not have time to contrive or devise a falsehood.
As for the log book. The logbooks presented by accused-appellant to prove his defense of alibi will not exculpate him.
ISSUE/s:
(1) Whether or not Marcelino Maguikay was guilty of the crime of Murder and Attempted Murder
HELD:
YES. Being positively determined by the sole witness of the ambush, and the inadmissibility of his alibi, and statements of his witness, with intent to kill, treachery, shoot Carlos and Roberto Bulilan, also, by pure luck, Danilo who was at the back seat, then only acquired a gunshot wound on his stomach, entitles, the case of Attempted Murder to the accused.
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