PEOPLE OF THE PHILIPPINES vs. ADEL TUANGCO ET. AL.

Automatic Review of the decision rendered by RTC, Macabebe, Pampanga. Re: Deaf-mute as incompetent witness On Jan. 4, 1995, the naked cadaver of on Aure Eugenio, employee of CEU Credit Coop, Manila was found lying beside a creek 50 m from the national highway of Apalit. With multiple stab wounds and the private part bloodied showed signs of sexual abuse. On May 8, 1995, 2 Informations of Rape with Hom and Theft were filed against Adel Tuangco and Sonny Tuangco. (All accused took turns in having sexual intercourse with the victim after inserting a Pidol cough syrup bottle on the latters private part and stabbed her on the neck that caused her death. Prosecution evidence: Principal evidence consists of testimony of eye witness Sylvestre Sanggalan, a deaf-mute and corroborated by Dr. Dominic Aguda, the one who conducted the autopsy upon the victim. Sanggalan was assisted by a sign language expert. Witness Sanggalan averred that on Jan 3, 1995 around 6pm, he was in a beer house with 7 companions. During nighttime, he left along with other 3 companions in the person of Nelson Pineda @ Jun Tattoo, Sonny Tuangco @ Baba and Adel Tuanco. The witness both identified accused Adel Tuanco and Sonny Tuangco on different occasions as the perpetrators of the crime. Even he was asked to leave, he decided to stay and hide from the grasses and trees near the waiting shed by rice field where the raping and slaying happened. He was able to narrate what had actually transpired during the said fatal night. Dr. Dominic Aguda conducted autopsy and testified that the injuries sustained by Eugenio was caused not only by human penis but by hard foreign object like a bottle. The stab wounds was caused by a single bladed weapon. Proximate cause of death was severe haemorrhage secondary to multiple stab wounds. Defense evidence: Both accused raised the defense of alibi and denied the charges. They alleged that they were at home during the said happening of the crime. The trial court decided as against the accused. Both accused were convicted with the crime of Theft and Special Complex Crime of Rape with Homicide. Automatic Review by the SC PAO submits assignment of errors in the appellants brief. 1. That the trial court gravely erred in giving full faith and credence to witness who is deaf-mute and unschooled; 2. That the trial court gravely erred in convicting both accused of 2 counts of Special complex crime of Rape with Homicide and Theft. Sol. Gen prays for affirmance as a deaf-mute is qualified to testify so long as: a. he can understand and appreciate the sanctity of an oath; b. can comprehend facts they are going to testify on; c. can communicate through a qualified interpreter. Inconsistencies pointed out by the defense are minor and does not make the testimony of Sanggalang as incredible. The court affirmed judgment of conviction and took cognizant of physical handicap and carefully scrutinized his testimony and noted that on several occasions, he testified in a candid and straightforward manner. The competence of the sign language expert Eva Sangco was also very carefully evaluated. The defense of alibi must yield to the positive identification of the accused by witness Sanggalan. No evidence was adduced to show the physical impossibility of the accused at the crime scene during the fateful night of Jan. 3, 1995. Likewise, the testimony was corroborated by Dr. Aguda. It was also held that indeed there was conspiracy committed by all the three accused. Judgment was AFFIRMED with modification as to civil indemnity increased to P100,000.00.