Professional Documents
Culture Documents
Natividad
G.R. No. 138017 (February 23, 2001)
FACTS:
Inside the police station of Ramos, Tarlac, appellant Arnulfo Mike Natividad who was the
municipal mayor, shot one Severino L. Aquino in the head at point blank range in front of the
police officers on duty. Four years later, four police officers were asked to, and did, testify
against Natividad and the other accused. The police officers narrated that at around 10:00 in the
evening of February 20, 1989, they personally saw Mayor Natividad who was drunk and very
angry, pointed the gun at the victim who was suspected to be an NPA member and hit him on the
head. Then the Mayor ordered another accused to close the windows of the station, after which
the Mayor shot the victim on the forehead.
After the prosecution presented its evidence, appellant filed a demurrer to evidence but
the same was denied. On August 1, 1997, appellant filed a motion to dismiss based on the
affidavit of desistance executed by all the heirs of Severino L. Aquino. The motion was denied
and the case was reset to August 20 and 22, 1997 for the reception of evidence for the defense.
Despite the ample opportunity given, the appellant still failed to present any evidence on his own
behalf. Subsequently, appellants counsel manifested that the appellant will not take the witness
stand. Thus, without the defense having presented any evidence, the trial court considered the
case submitted for decision on November 23, 1998.
In its assailed Decision dated December 18, 1998, the trial court found accused-appellant
guilty of murder and sentenced him to suffer the penalty of reclusion perpetua. The trial court
declared that the combined testimonies of the police officers positively and clearly pointed to the
accused-appellant Natividad the killing of Severino L. Aquino in cold blood.
On his appeal, he argues that the four police officers presented by the prosecution are not
credible witnesses since it took them four (4) years to come forward and testify against him. He
disagrees with the justification of the trial court that the reason for the delay was that the police
officers were afraid of the appellant who was then the mayor of Ramos, Tarlac. Appellant further
argues that the rule that a delay in the revelation of a crime does not affect the credibility of the
informant as a witness, should only apply to laymen and not to police officers. Considering the
avowed duty of police officers to apprehend perpetrators of a crime, the failure of the policewitnesses to arrest the appellant and/or to report the crime to their superiors constituted
Human Rights Case Digest Prepared by: David L. Dumaluan IV
dereliction of duty; hence, they should not be considered credible witnesses or their testimonies
be given weight.
ISSUE:
Whether or not the delay of four (4) years by the police officers in revealing information
regarding the crime impairs their credibility?
HELD:
The rule is ordinarily to the effects that delay by a witness in divulging what he or she
knows about the commission of a crime, such as the identity of the offender, is not by itself a
setback to the evidentiary value of such a witness testimony. In its Brief, the Office of the
Solicitor General opines that the silence of the witnesses for four (4) years was satisfactorily
explained because the records reveal that the witnesses were cowed into silence by appellant who
admittedly was an influential man being then the municipal mayor of the place. The appellant
municipal mayor exercised moral dominance and influence over these police officers. In
addition, he was able to easily intimidate them with his ten (10) bodyguards around him. The
Court cannot accept the distinction proffered by appellant between laypersons and police officers
as witnesses considering the factual circumstances of the case. The accused in this case is no
ordinary person in the place where the crime was committed. The length of the delay is not as
significant as the reason or explanation of the delay, which must be sufficient or well-grounded.
A well-grounded fear of reprisal is a sufficient justification of the delay of the witness in
revealing what he/she had witnessed. There is no showing that the four (4) police officers had
any motive to falsely charge appellant and the other accused of a crime. The presumption is that
witnesses are not actuated by any improper motive absent any proof to the contrary, and that
their testimonies must accordingly be met with considerable, if not conclusive, favor under the
rules of evidence. The witnesses' clear and categorical statements pointing to appellant as the one
who shot the victim are strong and compelling evidence against him. Their testimonies establish
his guilt beyond reasonable doubt.
WHEREFORE , the Decision of the Regional Trial Court of Tarlac, Tarlac, Branch 64 in
Criminal Case No. 17717 finding the accused-appellant ARNULFO MIKE NATIVIDAD guilty
beyond reasonable doubt of murder and sentencing him to suffer the penalty of reclusion
perpetua is hereby AFFIRMED.
CA dismissed the petitioners petition for review on certiorari, finding no grave abuse of
discretion on the part of the DOJ in sustaining the Provincial Prosecutors ruling. It found no
evidence to show that Tetet was deliberately executed by respondents
ISSUE:
Whether or not the CA erred in finding that the DOJ did not gravely abuse its discretion
in upholding the dismissal of petitioners extralegal killing complaint against respondents.
HELD:
Records bear out that Dangupon admitted that he was the one who shot Tetet which
eventually caused the latters death. The Provincial Prosecutor, however, relieved him from
indictment based mainly on the finding that the aforesaid act was done either in self-defense,
defense of a stranger or in the performance of a lawful duty or exercise of a right of office,
respectively pursuant to paragraphs 1, 2, and 5, Article 1137 of the RPC. The DOJ affirmed the
Provincial Prosecutors finding, adding further that Dangupon, as well as the other respondents,
enjoys the constitutional presumption of innocence.
These findings are patently and grossly erroneous. Records bear out facts and
circumstances which shows the elements of murder. The dismissal of the murder charge against
Dangupon is sustained in view of his presumption of innocence. Jurisprudence holds that when
the accused admits killing the victim, but invokes a justifying circumstance, the constitutional
presumption of innocence is effectively waived and the burden circumstance shifts to the
accused. The burden is upon the accused to prove clearly and sufficiently the elements of selfdefense, being an affirmative allegation, otherwise the conviction of the accused is inescapable.
Therefore, due to the ostensible presence of the crime charged and considering that
Dangupons theories of self-defense/defense of a stranger and lawful performance of ones duty
and the argument on presumption of innocence are, under the circumstances, not compelling
enough to overcome a finding of probable cause, the Court finds that the DOJ gravely abused its
discretion in dismissing the case against Dangupon. Consequently, the reversal of the CA ruling
with respect to the latter is in order.
furtherance of political ends does not give petitioners immunity from prosecution for the OlaliaAlay- ay slayings.
The Court was satisfied that there is prima facie evidence for the prosecution of Kapunan
and Legaspi for the Olalia-Alay- ay murders. It did not find merit in the petitioners arguments
that they are exempt from prosecution since the amnesty grant purportedly had extinguished their
criminal liability.
The Court held that the amnesty grant to Kapunan extends to acts constituting only one
crime which was rebellion. The limited scope of the amnesty granted to Legaspi is even more
apparent as it only covered offenses connected with his participation in the 1987 and 1989 coup
attempts against the administration of then President Corazon C. Aquino. Thus, any inquiry
whether he is liable for the prosecution in connection with the Olalia-Alay- ay killings will
necessarily rely not on the list of acts or crimes enumerated in sec. 1 of Proclamation No. 347,
but on the definition of rebellion and its component acts.