Guiyab v. People, 473 SCRA 533 (2005)

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FIRST DIVISION

JOEY GUIYAB y DANAO,


Petitioner,

G.R. No. 152527

- versus PEOPLE OF THE PHILIPPINES,


Respondent.

Present:
Davide Jr., C.J.,
(Chairman),
Quisumbing,
Ynares-Santiago,
Carpio, and
Azcuna, JJ.
Promulgated:
October 20, 2005

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DECISION
QUISUMBING, J.:
This petition for review seeks to set aside the Decision[1] dated September
27, 2001 of the Court of Appeals in CA-G.R. CR No. 23703, affirming the
Decision of the Regional Trial Court, Branch 22, Cabagan, Isabela, in Criminal
Case

No.

22-1074,

convicting

Joey

Guiyab

of

Homicide,

and

the Resolution[2] dated February 26, 2002 denying his motion for reconsideration.
On March 11, 1993, petitioner Joey Guiyab was charged with Homicide
before the Regional Trial Court of Cabagan. The Information reads:
That on or about the 12th day of December, 1992, in the [M]unicipality of
Tumauini, [P]rovince of Isabela, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, did then and there willfully, unlawfully and
feloniously, with intent to kill and without any just motive, assault, attack and stab
with a bladed pointed instrument one Rafael Bacani, inflicting upon him, a stab
wound on the right anterior back wall, which directly caused his death.
CONTRARY TO LAW. [3]

On arraignment, petitioner, with the assistance of counsel, pleaded not


guilty. Trial on the merits ensued.
Prosecution witness JOSEPH MADRIAGA testified that on December 12,
1992 at about 9:00 p.m., while the victim Rafael Bacani and he were conversing in
front of the Community Center in Tumauini, a certain Juan Sanchez approached
and kicked them. As they posed for a fist fight, petitioner Joey Guiyab
uttered Pureban nu ta inanna nu (You try and you will see.) while brandishing a
knife. He recalled that he retreated and jumped over the fence. He then picked up a
stone, grabbed Juan Sanchez by the hair and struck him in the head. It was then
that petitioner chased him. Failing to catch him, petitioner turned to Rafael who
was following them. Petitioner stabbed Rafael once on the right chest. Rafael ran a
few meters before he fell. Joseph and Rafaels brother, Bong Matias, brought the
victim to the hospital.
DR. ERASMO A. CRUZ, the resident physician of Isabela Integrated
Provincial Health Office (otherwise known as the Isabela Provincial Hospital),
testified that at around 10:45 in the evening of December 12, 1992, he attended to
Rafael Bacani. Rafael had a 1.5 centimeter stab wound located on the fourth
interpostal state (middle part of the chest above the nipple). The victim died,
according to the medical certificate, of cardiorespiratory arrest, the antecedent
cause of which is hypovolemic shock and the underlying cause is the stab wound at
the anterior chest. He died at about 6:25 a.m. the next day.
VISITACION MATIAS VDA. DE BACANI, the victims mother, testified
that she spent P10,000 for the medical expenses, P18,000 for the coffin
and P30,000 for the other funeral expenses.

For his part, petitioner raised the defense of alibi. JOEY GUIYAB testified
that he was not at Tumauini Cultural and Sports Center at the time the incident
happened. He averred that he was farming until 5:00 p.m. at Sitio Bayabo, Camasi,
and slept at around 9:00 p.m. in their house at Sitio Bayabo. His testimony was
corroborated by Domingo Gumaru, and petitioners parents, Silvino and Vicenta
Guiyab.
DOMINGO GUMARU, petitioners neighbor, testified that he saw the
petitioner at Sitio Bayabo at 6:00 p.m. on December 12, 1992 and again at 8:00
a.m. of December 13, 1992. He also testified that to go to the Centro (the town
center of Tumauini) from Camasi, one has to go to Cumabao and take a jeep there
to the Centro. In 1992, there were only three passenger vehicles plying Cumabao to
Centro and the last trip was at around 4:00 p.m.
As rebuttal, the prosecution presented SP04 ROMEO TUMOLVA who
swore that he personally knows the petitioner as he is a compadre of the petitioners
parents. He testified seeing the petitioner along the fenced area of the Community
Center at the night of the incident.
On July 7, 1999, the trial court rendered judgment, [4] the decretal portion of
which reads:
WHEREFORE, the Court hereby renders judgment finding the accused
Joey Guiyab GUILTY beyond reasonable doubt of the crime of Homicide as
defined and penalized under Article 249 of the Revised Penal Code and hereby
sentences him to suffer an indeterminate penalty of prision mayor medium to
reclusion temporal minimum or from eight (8) years and one (1) day to fourteen
(14) years and eight (8) months, to pay the Heirs of Rafael Bacani P50,000.00 as
death indemnity, plus P30,000.00 for actual damages and P18,000.00 for funeral
expenses, without subsidiary imprisonment in case of insolvency. Costs de officio.
SO ORDERED.[5]

The case was elevated to the Court of Appeals. The appellate court affirmed
the trial courts decision and denied petitioners motion for reconsideration.
Petitioner now comes before us raising the following issues:
I.
WHETHER OR NOT THE GUILT OF THE PETITIONER WAS PROVEN
BEYOND REASONABLE DOUBT TO CONVICT HIM OF THE CRIME
CHARGED.

II.
WHETHER OR NOT THE IDENTITY OF THE ACCUSED AS THE
ASSAILANT WAS FULLY ESTABLISHED BY THE PROSECUTION.[6]

The core issue of the present case is whether the guilt of the petitioner was
established beyond reasonable doubt. We must likewise inquire as to whether the
petitioner was adequately identified.
Petitioner claims that the real identity of the assailant was not fully
established by the prosecution since the lone eyewitness learned the name of the
petitioner only after it was fed to him by Police Officer Armando Lugo. Petitioner
contends that the identification of the petitioner was tainted with conjecture and
speculation.
The Solicitor General counters that Joseph Madriaga witnessed the whole
incident and positively identified the petitioner. This is sufficient to convict
petitioner.
We have carefully examined the records and find nothing in them that
supports petitioners claim that his identification was tainted with conjectures and

speculation. Our review of the transcript shows that Joseph Madriaga testified in a
categorical and straightforward manner on the events leading to the death of Rafael
Bacani. We quote:
Q: Do you know Joey Guiyab?
A: Yes, sir.
Q: Tell the Court why you know him?
A: I know him to be a resident of San Vicente and I often see his face.
Q: If Joey Guiyab is in Court, could you point him?
A: Yes, sir.
Q: Please point to him.
Court Interpreter:
Witness pointing to a person who when asked gave his name as Joey Guiyab.
...
Q: After Juan Sanchez hit you with (sic) Rafael Bacani with one single kick, what did
you do?
A: Because we were surprised by the kick of Juan Sanchez we acted by preparing our
fists to fight back but this Joey Guiyab took his knife and said in the Ibanag
dialect Pureban nu ta inanna nu which means you try and you will see.
Q: After Joey Guiyab brought out a knife and said to you, you try and you will see, what
happened next?
A: I moved back and jumped over the fence.
Q: Will you please tell the Honorable Court why you jumped over the fence?
A: Because Joey Guiyab is trying to attack me with his balisong.
Q: While (sic) you jumped over the fence what happened next?
A: After jumping over the fence, I picked up a stone and when I saw Juan Sanchez I hit
him with a stone.
Q: When you went over that fence, where was Rafael Bacani?
A: He ran inside the premises.
Q: After you hit Juan Sanchez with a stone what happened next?
A: Then Joey Guiyab chased me.
Q: Did he overtake you when he chased you?
A: No, sir.
Q: Now, when he was not able to overtake you, what did he do?

A: Because he was not able to chase me he was able to get hold of Rafael Bacani and that
was the time he stabbed him.
Q: When Joey Guiyab stabbed Rafael Bacani was Rafael Bacani hit?
A: Yes, sir.
Q: What part of his body?
A: Here, sir.
Court Interpreter:
Witness pointing to a portion of his right chest near the nipple.
...
Q: When Rafael Bacani was hit and stabbed with a knife, how far were you?
A: Five (5) meters.
...
Q: You saw the accused stabbed (sic) Rafael Bacani, is it not?
A: Yes, sir.[7]

As a rule, appellate courts will not interfere with the judgment of the trial
court in passing upon the credibility of a witness, unless there appears in the record
some fact or circumstance of weight and influence which has been overlooked, or
the significance of which has been misinterpreted or misapprehended. [8] That
general rule holds true in this case.
We do not doubt Josephs identification of Joey Guiyab. Even if he did not
know the name of the petitioner prior to the incident, he was able to identify him in
open court. Besides, Joseph maintained that although he did not know the name of
the petitioner, he knew him by his face .[9] There is nothing in law or jurisprudence
which requires, as a condition sine qua non, that, for a positive identification of a
felon by a prosecution witness to be good, the witness must first know the former
personally.[10] The witness need not have to know the name of the accused for so
long as he recognizes his face.[11] We ruled that knowing the identity of an accused

is different from knowing his name. Hence, the positive identification of the
malefactor should not be disregarded just because his name was supplied to the
eyewitness. The weight of the eyewitness account is premised on the fact that the
said witness saw the accused commit the crime, and not because he knew his
name.[12]
WHEREFORE, the petition is DENIED. The Decision dated September 27, 2001
and the Resolution dated February 26, 2002 of the Court of Appeals in CA-G.R.
CR No. 23703, which sustained the judgment of the Regional Trial Court, finding
petitioner JOEY GUIYAB guilty of Homicide and sentencing him to suffer an
indeterminate penalty of prision mayor medium to reclusion temporal minimum or
from eight (8) years and one (1) day to fourteen (14) years and eight (8) months,
and toPAY the heirs of Rafael Bacani P50,000.00 as death indemnity,
plus P30,000.00 for actual damages and P18,000.00 for funeral expenses, without
subsidiary imprisonment in case of insolvency, are AFFIRMED.
Costs de oficio.
SO ORDERED.
LEONARDO A. QUISUMBING
Associate Justice
WE CONCUR:
HILARIO G. DAVIDE, JR.
Chief Justice
Chairman

CONSUELO YNARES-SANTIAGO ANTONIO T. CARPIO


Associate Justice Associate Justice

ADOLFO S. AZCUNA
Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that
the conclusions in the above Decision were reached in consultation before the case
was assigned to the writer of the opinion of the Courts Division.

HILARIO G. DAVIDE, JR.


Chief Justice

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