Case: PEOPLE VS. DE JESUS 8 phil.

749
G.R. No.: 134815
Date: May 27, 2004
Facts:
This case filed in the court of first instance of Quezon City wherein Nilo De Jesus
together with Wilfredo Yalong were charge of murder, one Peter Doe Alias Pepito was
also charged but has not been brought to trial, the two accused was convicted and
sentenced to reclusion perpetua.
The son of the deceased, Fernando De los Santos, is the only one eye witness.
He made an statement that in the May 21 while taking a nap he was awakened by the
shout of a small boy informing that his father, Feliciano de Los Santos was engaging in a
quarrel. He went to the place and saw Yalong in the act aiming a gun to his father. He
shouted to his father to run but his father was fired before he could do so. While his father
was on his feet, appellant De Jesus grabbed the gun from Yalong and fired at his father
and after the shooting De Jesus and Yalong both run away. Fernando went to home to
look for his brother, a policeman. When they returned to the crime scene, Fernando could
no longer feel the pulse of his father. Their father was brought to the hospital but it was
pronounced dead on arrival. Accused Nilo de Jesus denied the imputations. He narrated
that it was Wilfredo Yalong who did the firing and that Fernando de los Santos was not
there to witness the incident.

Issues:
Whether or not the lower court erred in the convicting Nilo De Jesus on the crime
of murder.

Ruling:
The court find more convincing the testimony of the appellant that only Yalong fired
the two shots that hit the deceased De Jesus Testimony corroborate Yalong’s admission
which it make reliable and therefore convincing. The foregoing observation places the
whole testimony of the witness in grave doubt, appellant De Jesus positively stated that
Fernando was not at the scene and the court inclined to agree with him.