People V Jumamoy

3/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 221
VOL. 221, APRIL 7, 1993 333
People vs. Jumamoy
*
G.R. No. 101584. April 7, 1993.
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs. LUCIANO
JUMAMOY Y AÑORA, alias “JUNIOR”, accusedappellant.
Remedial Law; Pleadings; Failure to point out inconsistencies in

testimonies of witnesses and to make statements of facts in Appellant’s Brief.
—It is at once obvious that the instant appeal is bereft of any merit. The
accused’s failure to point out to this Court, with specific references to the
transcripts of the stenographic notes of the testimonies of the witnesses, the
socalled inconsistencies committed by the three (3) prosecution witnesses,
and to make statements of facts, though he started the Appellant’s Brief with
the heading “Statement of Facts And of the Case,” betrays an honest
realization of the futility of this appeal and not merely the lack of diligence
or zeal in the pursuit thereof which, incidentally, is likewise eloquently
evidenced therein.
Criminal Procedure; Evidence; Trial Court findings on credibility of
witnesses given weight.—It is settled that the issue of credibility is to be
resolved primarily by the trial court because it is in a better position to
decide the question, having heard the witnesses and observed their
deportment and manner of testifying during the trial. Thus, its findings on
the matter of the credibility of witnesses are entitled to the highest respect
and will not be disturbed on appeal in the absence of any showing that it
overlooked, misunderstood or misapplied some facts or circumstances of
weight or substance which would have affected the result of the case.
Same; Same; Prosecutor has prerogative in presentation of evidence.—
The prosecution’s failure to present the other witnesses listed in the
information did not constitute, contrary to the contention of the accused,
suppression of evidence. The prosecutor has the exclusive prerogative to
determine the witnesses to be presented for the prosecution. If the
prosecution has several eyewitnesses, as in the instant case, the prosecutor
need not present all of them but only as many as may be needed to meet the
quantum of proof necessary to establish the guilt of the accused beyond
reasonable doubt. The testimonies of the other witnesses may, therefore, be
http://central.com.ph/sfsreader/session/00000170fcac3d3eca299df5003600fb002c009e/t/?o=False 1/17
dispensed with for being merely corroborative in nature. This Court has
ruled that the nonpresentation of corroborative witnesses would not
constitute sup
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* THIRD DIVISION.
334
334 SUPREME COURT REPORTS ANNOTATED
People vs. Jumamoy
pression of evidence and would not be fatal to the prosecution’s case.
Same; Same; Minor inconsistencies in testimonies of prosecution
witnesses.—The claimed inconsistencies are on minor, if not
inconsequential or trivial, matters. Settled is the rule that discrepancies on
minor matters do not impair the essential integrity of the prosecution’s
evidence as a whole or detract from the witnesses’ honesty. These
inconsistencies, which may be caused by the natural fickleness of memory,
even tend to strengthen rather than weaken the credibility of prosecution
witnesses because they erase any suspicion of rehearsed testimony. What is
important is that the testimonies agree on the essential facts and that the
respective versions corroborate and substantially coincide with each other to
make a consistent and coherent whole.
Same; Same; Introduction as evidence of firearm used in killing not
indispensable.—For conviction to lie, it is enough that the prosecution
establishes by proof beyond reasonable doubt that a crime was committed
and that the accused is the author thereof. The production of the weapon
used in the commission of the crime is not a condition sine qua non for the
discharge of such a burden for the weapon may not have been recovered at
all from the assailant. If the rule were to be as proposed by the accused,
many criminals would go scotfree and much injustice would be caused to
the victims of crimes, their families and society. In the instant case, it was
established with moral certainty that the accused attacked, assaulted and
shot the victim Rolando Miel with an unlicensed firearm, thereby inflicting
upon the latter multiple gunshot wounds which caused his death. Such proof
was all that was needed for the conviction of the accused.
Criminal Law; Murder; Illegal possession of firearms; Murder or
homicide not absorbed in offense of illegal possession of firearms under
Presidential Decree No. 1866.—Coming to the charge of illegal possession
of firearms, Section 1 of P.D. No. 1866 penalizes, inter alia, the unlawful
possession of firearms or ammunition with reclusion temporal in its
maximum period to reclusion perpetua. However, under the second
paragraph thereof, the penalty is increased to death if homicide or murder is
committed with the use of an unlicensed firearm. It may thus be loosely said
that homicide or murder qualifies the offense because both are
circumstances which increase the penalty. It does not, however, follow that
the homicide or murder is absorbed in the offense. If this were to be so, an
anomalous absurdity would result whereby a more serious crime defined
and penalized under the Revised Penal Code will be absorbed by a statutory
offense, one which is merely
335
VOL. 221, APRIL 7, 1993 335
People vs. Jumamoy
malum prohibitum. Hence, the killing of a person with the use of an
unlicensed firearm may give rise to separate prosecutions for (a) the
violation of Section 1 of P.D. No. 1866 and (b) the violation of either Article
248 (Murder) or Article 249 (Homicide) of the Revised Penal Code. The
accused cannot plead one to bar the other; stated otherwise, the rule against
double jeopardy cannot be invoked as the first is punished by a special law
while the second—Murder or Homicide—is punished by the Revised Penal
Code.
APPEAL from the decision of the Regional Trial Court of
Tagbilaran City, Branch 3.
The facts are stated in the opinion of the Court.
The Solicitor General for plaintiffappellee.
Eladio M. Jala for accusedappellant.
DAVIDE, JR., J.:
Two (2) separate informations for “Murder” and “Qualified Illegal

Possession of Firearm and Ammunitions (sic)” were filed by the
Office of the Provincial Fiscal of Bohol with the Regional Trial
Court (RTC) of Tagbilaran City against accused Luciano Jumamoy y
Añora, alias Junior; they were docketed as Criminal Case No. 5064
and Criminal Case No. 5065, respectively, and were raffled off to
Branch 3 thereof.
The information for Murder reads:
“That on or about the 1st day of April, 1987, in barangay Poblacion,
municipality of Inabanga, province of Bohol, Philippines, and within the
jurisdiction of this Honorable Court, the abovenamed accused without
justifiable cause or motive, with intent to kill, and with evident
premeditation and treachery, did then and there willfully, unlawfully and
feloniously attack, assault, and shoot with the use of an unlicensed firearm
one Rolando Miel without giving opportunity to the latter to prepare for his
defense, thereby inflicting upon the vital parts of the body of the latter,
serious physical injuries which caused his instantaneous death; to the
damage and prejudice of the heirs of the deceased.
Acts committed contrary to the provisions of Article 248 of the Revised
Penal Code, with the aggravating circumstance of nighttime being purposely
sought for or taken advantage of by the accused to facilitate the commission
of the crime.
336
People vs. Jumamoy
1
City of Tagbilaran, August 14, 1987.”
while that for Qualified Illegal Possession of Firearm and

Ammunitions (sic) relates:
“That, on or about the 1st day of April, 1987, in barangay Poblacion,
municipality of Inabanga, province of Bohol, Philippines, and within the
jurisdiction of this Honorable Court, the abovenamed accused, with intent to
possess a firearm with ammunitions (sic), did then and there willfully,
unlawfully and criminally keep, carry and have in his possession, custody
and control a (sic) gun still of unknown make and caliber, and at least three
(3) rounds of live ammunitions (sic), without first obtaining the necessary
permit or license to possess the said firearm and ammunitions (sic) or permit
to carry the same from competent authorities, and which firearm was used
by the said accused in committing the crime of murder wherein the victim
was one Rolando Miel; to the damage and prejudice of the Republic of the
Philippines.
Acts committed contrary to the provisions of Sec. 878 and 887 of the
Administrative Code in relation to Sec. 2692, of the same Code as amended
by Republic Act No. 4 and as further amended by PD No. 1866.
2
City of Tagbilaran, August 14, 1987.”
No bond was recommended in both cases for the temporary liberty
of the accused.
Upon his arraignment on 10 December 1987, the accused entered
3
a plea of not guilty in each case.
Upon motion of the prosecution, the two (2) cases were
consolidated and jointly heard.
The prosecution presented Dr. Hector Enriquez, Bonifacio Ayag,
Lino Gudes, Jr., Artemio Panganiban, Jr. (Supervising Ballistician,
NBI, Region VII), Alfredo Alforque, Sgt. Misericordio Sapong,
Rodrigo Aparicio, Pfc. Segundo Requirme and Felisa Miel as
witnesses for its evidence in chief, and Leandro Tirol and Luisito
dela Torre for purposes of rebuttal. On the other hand, the defense
presented the accused, Manuelito Cajes and Ramon
_______________
1 Original Records (OR), Crim. Case No. 5064, 7.
2 OR, Crim. Case No. 5065, 1516.
3 OR, Crim. Case No. 5064, 10; Id., Crim. Case No. 5065, 19.
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VOL. 221, APRIL 7, 1993 337
People vs. Jumamoy
Micutuan as its witnesses for its evidence in chief, and the accused
himself in surrebuttal.
After trial, the court a quo 4 promulgated on 18 July 1991 its
judgment, dated 27 June 1991, finding the accused guilty beyond
reasonable doubt of the crimes charged. The dispositive portion of
the decision reads:
“WHEREFORE, in view of the foregoing premises, this Court finds accused
Luciano Jumamoy y Añora, alias Junior, guilty beyond reasonable doubt for
(sic) the crimes of Murder and Qualified Illegal Possession of Firearm and
Ammunitions (sic) in the foregoing Criminal Cases Nos. 5064 and 5065
and, consequently hereby imposes upon him the penalty of reclusion
perpetua or life imprisonment in each of the aforesaid criminal cases.
He is further ordered to indemnify the heirs of the deceased Rolando
Miel by way of actual civil indemnity in the amount of P7,800 (Exhibit C1)
and, further, the amount of P30,000 by way of moral damages.
Without pronouncement as to costs.
5
BE IT SO ORDERED.”
The evidence for the prosecution, upon which the trial court based
its decision, is summarized in the People’s Brief as follows:
“Appellant Luciano Jumamoy and the victim Rolando Miel were once
friends and belonged to the same ‘barkada’ until sometime in 1970 when the
former was stabbed by the latter on his left forearm. As a result, appellant’s
left arm was deformed, despite medical attendance, because the main vein
of his left arm was severely cut. Since then the two had not met each other,
as the victim avoided appellant (sic) (p. 2, tsn, April 3, 1989).
In the evening of April 1, 1987, the victim and his younger brother
Edgar, together with three other companions, went to the Cultural Center of
Inabanga, Bohol, where a ‘disco’ dance was being held in connection with
the commencement exercises of St. Paul Academy. However, upon reaching
the premises of the Center, the victim’s brother and a companion stayed
behind and sat on a concrete bench, as the victim and their other
companions proceeded (p. 2, tsn, Nov. 11, 1988; p. 4, tsn, June 26, 1990).
_______________
4 Id., Crim. Case No. 5064, 5585; Rollo, 2151.
5 OR, Crim. Case No. 5064, 85; Rollo, 51.
338
People vs. Jumamoy
Upon reaching the Center, the victim and his companions joined three
other members of their ‘barkada’ watching the disco outside. The victim and
three of his friends were leaning against a concrete post of the Center
conversing and watching the ‘disco,’ when all of a sudden appellant
appeared in front obliquely to the right of the victim and fired three (3)
successive shots at the latter, who slumped and fell to the ground (pp. 27,
tsn, July 6, 1988; pp. 25, tsn, Nov. 11, 1988).
Thereafter, the people inside and outside the Center scampered for safety
(p. 7, tsn, July 6, 1988; p. 5, tsn, Nov. 11, 1988). However, on his way to
escape, appellant passed by the victim’s brother Edgardo and a companion
who were then sitting on a bench about 60 meters away from the Center.
When appellant got near the two, the former poked his gun at the victim’s
brother, and uttered, ‘Unsa, laban ka?’ (What now, are you taking sides?’).
The two remained silent, as appellant ran behind a house and into the bushes
when he saw the Mayor approaching (pp. 13, tsn, June 26, 1990).
Meanwhile, the victim’s sister Zeny, who was then inside the Center,
came to his (sic) brother’s rescue. With the help of other people, she brought
her brother to a hospital, but the latter expired before arrival thereat (p. 9,
tsn, July 6, 1988; pp. 89, tsn, Nov. 11, 1988).
Dr. Hector Enriquez, who conducted an examination on the victim’s
cadaver, issued a MedicoLegal Report (Exhibit “A”), wherein he described
the four (4) gunshot wounds sustained by the victim. Although he found
four (4) gunshot wounds on the victim’s body, Dr. Enriquez reported that it
was possible that the victim was shot at only three (3) times since the 4th
wound on the right forearm was through and through; hence, the same bullet
may have also caused the 2nd wound which penetrated the ‘subcostal
margin, midclavicular line, right’ (pp. 12, tsn, Feb. 24, 1978).
The doctor deduced that based in (sic) the locations of the wounds, the
assailant must have been in front obliquely to the right of the victim when
the former shot the latter. He also opined that since he did not notice the
presence of powder burns on the victim and the downward trajectory of the
bullets, the assailant must have been more than two (2) feet away from, and
taller or stood on a higher level than the victim. Furthermore, of the four (4)
wounds sustained by the victim, he considered wound No. 1 along the ‘7th
ICS, anterior axillary line, right,’ and wound No. 2 penetrating the
‘subcostal margin, midclavicular line, right’ as fatal, which caused the
victim’s death (pp. 23, Ibid.).
Dr. Enriquez also recovered from the victim’s body one (1) slug (p. 3,
Ibid.), which, when examined by the NBI Supervising Ballistician of Region
VII stationed at Cebu City, was found to have been fired from a .38caliber
firearm, probably a homemade (paltik) firearm, caliber .38 (pp. 13, tsn,
August 23, 1988).
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VOL. 221, APRIL 7, 1993 339
People vs. Jumamoy
Upon request, Sgt. Misericordio Sapong of the Bohol PC Command
issued a certification (Exhibit “E”) that appellant was never issued a permit
6
or license to possess or carry a firearm (p. 1, tsn, Nov. 11, 1988).”
The trial court disregarded the accused’s defense of alibi. The latter
testified that he had left Inabanga, Bohol for Cebu City on 29 March
1987 to look for employment; he claims to have boarded a motor
banca, the M/B Roxan, which left for Cebu City from Buenavista,
Bohol at 9:00 o’clock in the morning of that date. The motor banca
supposedly reached Cebu City at 11:00 o’clock on the same day. He
recounts that he stayed in the house of a friend, Feliciano Cenita, in
Pasil, Cebu City from 1 April to 4 April 1987. While in Cebu City,
he drove, as a reserve driver, the passenger jeepney owned and
driven by Cenita under the socalled boundary system. In the
evening of 4 April 1987, Jumamoy avers that he took a boat, the
M/V Sweet Roro, for Manila and stayed in the house of his brother
Abundio in Mandaluyong, Metro Manila. He stayed there for seven
(7) months and departed for Inabanga only upon hearing that he had
been named a suspect in the killing of Rolando Miel; he arrived in
7
Inabanga on 9 November 1987.
The accused did not, however, present Feliciano Cenita as a
witness despite his (accused’s) repeated manifestation of his

intention to do so and the court’s liberality in granting his request for
postponement for the said purpose. Instead, “out of the blue, the
accused . . . presented one Ramon Micutuan . . . to corroborate his
claim that in the evening of April
8
1, 1987, he was in Cebu City
driving a passenger jeepney.” Commenting on the accused’s
defense, the trial court declared:
“It is a wellsettled rule that alibi as a defense is weak although the Courts
should not take a negative attitude in some cases as against the accused, if
the defense of alibi reveals the truth. Alibi is also entitled to credit if the
accused is not positively identified by the prosecution witnesses. Moreover,
the accused claiming alibi as a de
_______________
6 Appellee’s Brief, 37; Rollo, 75, et seq.
7 TSN, 20 March 1989, 320.
8 Page 28 of Decision; OR, Crim. Case No. 5064, 82.
340
People vs. Jumamoy
fense must prove that it was impossible for him to be at the place at the time
of the commission because he was elsewhere during the incident.
The records in this case will show that at the time of the incident, at the
time of the police investigation, during the preliminary investigation before
the Municipal Circuit Trial Court of InabangaBuenavista as well as in the
trial proper, the accused was positively identified by the prosecution
witnesses.
It was established by the prosecution that the prosecution witnesses and
the accused knew and were familiar with each other from the time they
attained the age of reason because they lived in adjacent barangays located
in the same municipality. It was also established by the prosecution that at
the time of the incident there were several ‘blinking’ dancing lights at the
cultural center because of the ongoing disco dance. In fact, there was
another light—an electric bulb of 25 watts—which was placed at the
concrete post where the victim and some of the prosecution witnesses were
then leaning against. That electric bulb was very near to the victim and the
accused at the time of the incident.
During the hearing proper as well as during the investigation conducted
by the police and before the municipal circuit trial court during the
preliminary investigation, all the prosecution eyewitnesses pointed without
hesitancy to the accused as the murderer of the victim, and during the trial
before this Court there was not even one witness wavered of (sic) his
identification of the accused as the author of the crime.
To the mind of the Court, the accused’s evidence of alibi cannot be
believed, the same being clearly an afterthought or afterwit because while
the accused himself and his witness Manuelito Cajes positively declared
during the presentation of the defense evidence in chief that it was on March
29, 1987 that they were on board MB Roxan together from Buenavista,
Bohol, to Cebu City, the owner of the MB Roxan, Engr. Leandro Tirol,
however, declared on rebuttal that it was impossible for the accused to have
boarded on the said vessel on March 29, 1987, that date being a Sunday and
that MB Roxan did not have any voyage from Buenavista, Bohol, to Cebu
City on that date because it was not legally authorized to do so. So that on
surrebuttal, the accused conveniently
9
changed the date March 29, 1987 to
probably March 30, 1987.”
10
Accused thus appeals the said judgment of conviction and in
_______________
9 OR, Crim. Case No. 5064, 8081.
10 Id., 87.
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VOL. 221, APRIL 7, 1993 341
People vs. Jumamoy
his Appellant’s Brief, claims that the trial court committed the
following errors:
“I
THE LOWER COURT ERRED IN NOT FINDING THAT THE

PROSECUTION FAILED TO PROVE THE GUILT OF THE ACCUSED
APPELLANT BEYOND REASONABLE DOUBT IN THE TWO CASES.
II
THE LOWER COURT ERRED IN CONVICTING THE ACCUSED

APPELLANT FOR THE TWO CRIMES OF MURDER AND QUALIFIED
ILLEGAL POSSESSION OF FIREARM AND SENTENCING HIM THE
(sic) PENALTY 11OF RECLUSION PERPETUA IN EACH OF THE SAID
TWO CRIMES.”
The assigned errors were discussed in eight (8) short paragraphs, to
wit:
“Let us try to assess the testimonies of the alleged eyewitnesses of the
prosecution.
Originally there were six (6) alleged eyewitnesses for the prosecution.
Surprisingly, only three (3) took the witness stand and testified. The
suppression (sic) of the testimonies of the other three (3) alleged
eyewitnesses raises some doubts that their testimonies would mixed (sic) up
the evidence for the prosecution.
The testimonies of the three (3) alleged eyewitnesses who actually
testified were inconsistent with each other. Each of the three witnesses
presented different versions as to the source of light that lighted the place of
the incident. They were not united as to whether the place was sufficiently
lighted that enabled (sic) them to identify the accused.
The inconsistencies of the three witnesses only prove that they are not
telling the truth. They wanted to hide the truth that the place of incident was
dark, and they could not identify the person or persons who shot and killed
the victim.
Another doubtful testimony is about the description of the firearm
allegedly used by the assailant. One witness said that the firearm used by the
accused was a short firearm, but on crossexamination the
_______________
11 Appellant’s Brief, 3; Rollo, 63, et seq.
342
People vs. Jumamoy
same witness declared that he did not actually see the firearm. What he saw
was the sparkling lights that came out from the barrel of the firearm after it
was fired (Page 4, TSN, August 24, 1988). If the witness saw the sparks,
then the place must be dark. Alfredo Alforque, one of the prosecution
witnesses who claimed to have seen the shooting, made the following
doubtful testimonies (sic):
Q While in that position, you said Luciano Jumamoy suddenly appeared.
From what direction did he come?
A From behind us, passing our right side walking towards Rolando Miel
(Page 7, TSN, Oct. 4, 1988).
However, on crossexamination, he changed his answer when he made
the following answer:
Q You did not notice immediately the accused when (sic) he suddenly
arrived?
A I noticed him because he suddenly arrived from behind. He was running
(Page 9, TSN, Oct. 4, 1988).
The serious and material inconsistencies of the testimonies of

prosecution witnesses only proves (sic) that said witnesses were lying. Their
testimonies were all fabricated. They were planted witnesses. They have to
testify falsely in order to help the family of their fallen close friend.
On the other hand, the firearm alleged to have been used by the accused
in killing the victim was not presented in court during the trial. Its caliber
and make was (sic) never established by sufficient evidence, so that there is
no basis to convict the accused for illegal (sic) possession of firearm.”
It is at once obvious that the instant appeal is bereft of any merit.
The accused’s failure to point out to this Court, with specific
references to the transcripts of the stenographic notes of the
testimonies of the witnesses, the socalled inconsistencies committed
by the three (3) prosecution witnesses, and to make statements of
facts, though he started the Appellant’s 12
Brief with the heading
“Statement of Facts And of the Case,” betrays an
_______________
12 Section 7, Rule 124, in relation to Section 16, Rule 46 of the Revised Rules of
Court requires that the Appellant’s Brief should contain, among other things, a
Statement of Facts which is a clear and concise statement, in a narrative form, of the
facts admitted by both
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VOL. 221, APRIL 7, 1993 343
People vs. Jumamoy
honest realization of the futility of this appeal and not merely the
lack of diligence or zeal in the pursuit thereof which, incidentally, is
likewise eloquently evidenced therein.
The instant appeal rests principally on the issue of the credibility
of the witnesses for the prosecution and, to a lesser extent, on the
alleged suppression of evidence and failure to present in evidence
the firearm used by the accused.
It is settled that the issue of credibility is to be resolved primarily
by the trial court because it is in a better position to decide the
question, having heard the witnesses and observed their deportment
and manner of testifying during the trial. Thus, its findings on the
matter of the credibility of witnesses are entitled to the highest
respect and will not be disturbed on appeal in the absence of any
showing that it overlooked, misunderstood or misapplied some facts
or circumstances of weight or substance which would have affected
13
the result of the case.
We have carefully reviewed the records and the transcripts of the
stenographic notes of the testimonies of the witnesses and find
nothing therein to warrant a reversal of the findings of fact of the
trial court. The meticulous care with which the court a quo
summarized and analyzed, in its 31page decision, the testimonies of
the witnesses of both parties during the direct and cross
examinations attests to its impartial disposition of the cases in the
light of applicable jurisprudence. That the accused was positively
identified by prosecution witnesses Lino Gudes. Alfredo Alforque
and Rodrigo Aparicio is beyond dispute. These three had known the
accused long before the incident; moreover, the place where the
shooting took place, the cultural center, was sufficiently lighted. Nor
was any motive ascribed by the accused to these witnesses to show
why they would falsely testify against
_______________
parties and of those in controversy, together with the substance of the proof
relating thereto in sufficient detail to make it clearly intelligible, with page references
to the records.
13 People vs. Garcia, 89 SCRA 440 [1979]; People vs. Bautista, 92 SCRA 465
[1979]; People vs. Abejuela, 92 SCRA 503 [1979]; People vs. Arciaga, 98 SCRA 1
[1980]; People vs. Marzan, 128 SCRA 203 [1984]; People vs. Alcid, 135 SCRA 280
[1985]; People vs. Sanchez, 199 SCRA 414 [1991]; People vs. Atilano, 204 SCRA
278 [1991].
344
People vs. Jumamoy
him. In the absence of evidence manifesting any ill motive on the
part of the witnesses for the prosecution, it logically follows that no
such improper motive could have existed and that, corollarily, their
14
testimonies are worthy of full faith and credit. Indeed, if an accused
had nothing to do with the crime, it is against the natural order of
events and of human nature and against the presumption of good
faith that
15
a prosecution witness would falsely testify against the
former.
The prosecution’s failure to present the other witnesses listed in
the information did not constitute, contrary to the contention of the
accused, suppression of evidence. The prosecutor has the exclusive
prerogative 16to determine the witnesses to be presented for the
prosecution. If the prosecution has several eyewitnesses, as in the
instant case, the prosecutor need not present all of them but only as
many as may be needed to meet the quantum of proof necessary to
establish the guilt of the accused beyond reasonable doubt. The
testimonies of the other witnesses may, therefore, be dispensed with
for being merely corroborative in nature. This Court has ruled that
the nonpresentation of corroborative witnesses would not constitute
suppression of evidence and would not be fatal to the prosecution’s
17
case, Besides, there is no showing that the eyewitnesses who were
not presented in court as witnesses were not available to the accused.
We reiterate the rule that the adverse presumption from a
suppression of evidence is not applicable when (1) the suppression is
not willful; (2) the evidence suppressed or withheld is merely
corroborative or cumulative; (3) the evidence is at the disposal of18
both parties; and (4) the suppression is an exercise of a privilege.
Moreover, if the
_______________
14 People vs. Macalindong, 76 Phil. 719 [1946]; People vs. Borbano, 76 Phil. 702
[1946]; People vs. Araja, 105 SCRA 133 [1981]; People vs. Campana, 124 SCRA
271 [1983]; People vs. Patog, 144 SCRA 429 [1986]; People vs. Simon, 209 SCRA
148 [1992].
15 People vs. Balili, 92 SCRA 552 [1979].
16 People vs. Ruedas, 194 SCRA 553 [1991]; People vs. Gadiana, 195 SCRA 211
[1991]; People vs. Mandapat, 196 SCRA 157 [1991].
17 People vs. Capulong, 160 SCRA 533 [1988]; People vs. Tangliben, 184 SCRA
220 [1990].
18 People vs. De Jesus, 205 SCRA 383, 391 [1992], citing 6 MORAN, Comments
on the Rules of Court, 1980 ed., 41.
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VOL. 221, APRIL 7, 1993 345
People vs. Jumamoy
accused believed that the failure to present the other witnesses was
because their testimonies would be unfavorable to the prosecution,
he should have compelled their appearance, by compulsory process, 19
to testify as his own witnesses or even as hostile witnesses.
The claimed inconsistencies are on minor, if not inconsequential
or trivial, matters. Settled is the rule that discrepancies on minor
matters do not impair the essential integrity of the prosecution’s
evidence as a whole or detract from the witnesses’ honesty. These
inconsistencies, which may be caused by the natural fickleness of
memory, even tend to strengthen rather than weaken the credibility
of prosecution witnesses because they erase any suspicion of
rehearsed testimony. What is important is that the testimonies agree
on the essential facts and that the respective versions corroborate
and substantially coincide with each other to make a consistent and
20
coherent whole.
Nor can We agree with the accused that it was indispensable for
the prosecution to introduce and offer in evidence the firearm which
was used in the killing of the victim. There is no law or rule of
evidence which requires the prosecution to do so; there is also no
law which prescribes that a ballistics examination be conducted to
determine the source and trajectory of the bullets. For conviction to
lie, it is enough that the prosecution establishes by proof beyond
reasonable doubt that a crime was committed and that the accused is
the author thereof. The production of the weapon used in the
commission of the crime is not a condition sine qua non for the
discharge of such a burden for the weapon may not have been
recovered at all from the assailant. If the rule were to be as proposed
by the accused, many criminals would go scotfree and much
injustice would be caused to the victims of crimes, their families and
society. In the instant case, it was established with moral certainty
that the accused attacked, assaulted and shot the victim Rolando
Miel with an unlicensed firearm, thereby inflicting upon the latter
multiple gunshot wounds which caused his death. Such proof was all
that was
_______________
19 People vs. Fernandez, 209 SCRA 1 [1992].
20 People vs. de Guzman, 188 SCRA 407 [1990]; People vs. Gadiana, supra.;
People vs. Madriaga, G.R. No. 82293, 23 July 1992.
346
People vs. Jumamoy
needed for the conviction of the accused.
Against the overwhelming evidence consisting of his positive
identification as the author of Rolando Miel’s death, accused has
nothing to offer but alibi. It is a fundamental judicial dictum that the
defense of alibi cannot prevail over the positive identification of the
21
accused. Besides, his alibi is obviously fabricated. He was caught
21
accused. Besides, his alibi is obviously fabricated. He was caught
lying through his teeth when during rebuttal, it was shown through
the testimony of Leandro Tirol, owner of the M/B Roxan, that he
(Jumamoy) could not have left—as he had vigorously insisted—on
board the said vessel for Cebu City on 29 March 1987 because the
same was not authorized by its franchise to travel on that day, a
Sunday. In an effort to dodge this fatal blow, the accused took the
witness stand on surrebuttal 22
to change the date of his supposed
departure to 30 March 1987. Moreover, despite his assurances that
he would present as his witness Feliciano Cenita of Pasil, Cebu City
—in whose house he allegedly stayed from 1 April to 7 April 1987
—for which reason the trial court accommodated his requests for
postponements, accused never did so. No acceptable explanation had
been offered to justify the failure of the said prospective witness to
come to the rescue of the accused. Thus, the inevitable conclusion is
that either this Cenita is a fictitious person or that, if he exists, he
was unwilling to support the accused’s claim of alibi. If the accused
had gone to Cebu City at all, it must have been after the incident—
not to look for employment as he claimed, but to evade arrest. In
fact, it appears that on 7 April 1987, he left for Manila.
The trial court correctly convicted the accused of Murder under
Article 248 of the Revised Penal Code in Criminal Case No. 5064.
The killing was indeed attended by the qualifying circumstance of
treachery, which is duly alleged in the information. The mode,
manner and means of attack adopted by the accused insured the
accomplishment of his purpose, i.e., the killing of the victim without
giving the latter any opportunity to defend himself or resist the
attack. The firing of the gun at the victim was so
_______________
21 People vs. Mercado, 97 SCRA 232 [1980]; People vs. Clores, 184 SCRA 638
[1990]; People vs. Arceo, 187 SCRA 265 [1990]; People vs. Beringuel, 19? SCRA

561 [1990].
22 TSN, 9 July 1990, 12.
347
VOL. 221, APRIL 7, 1993 347
People vs. Jumamoy
sudden and unexpected that the latter, who was unarmed, was caught
totally unprepared to defend himself or retaliate. There is treachery
when the offender commits any of the crimes against persons
employing means, methods or forms in the execution thereof which
tend directly and specially to insure its execution, without risk to
himself
23
arising from the defense which the offended party might
make.
Coming to the charge of illegal possession of firearms, Section 1
of P.D. No. 1866 penalizes, inter alia, the unlawful possession of
firearms or ammunition with reclusion temporal in its maximum
period to reclusion perpetua. However, under the second paragraph
thereof, the penalty is increased to death if homicide or murder is
committed with the use of an unlicensed firearm. It may thus be
loosely said that homicide or murder qualifies the offense because
both are circumstances which increase the penalty. It does not,
however, follow that the homicide or murder is absorbed in the
offense. If this were to be so, an anomalous absurdity would result
whereby a more serious crime defined and penalized under the
Revised Penal Code will be absorbed by a statutory offense, one
which is merely malum prohibitum. Hence, the killing of a person
with the use of an unlicensed firearm may give rise to separate
prosecutions for (a) the violation of Section 1 of P.D. No. 1866 and
(b) the violation of either Article 248 (Murder) or Article 249
(Homicide) of the Revised Penal Code. The accused cannot plead
one to bar the other; stated otherwise, the rule against double
jeopardy cannot be invoked as the first is punished by a special law
while the second—Murder
24
or Homicide—is punished by the
Revised Penal Code. Considering, however, that the imposition of
the death penalty is prohibited by the Constitution, the proper
imposable penalty 25would be the penalty next lower in degree, or
reclusion perpetua.
The trial court also correctly imposed the penalty of reclusion
perpetua in Criminal Case No. 5065. However, the words “or life
_______________
23 Article 14(16), Revised Penal Code.
24 People vs. Tiozon, 198 SCRA 368, 379 [1991], citing People vs. Doriquez, 24
SCRA 163 [1968].
25 Section 19(1), Article III, 1987 Constitution.
348
People vs. Jumamoy
imprisonment” following “reclusion perpetua” in the dispositive

portion of the decision should
26
be deleted, for the latter is not the
same as life imprisonment.
In line with the prevailing jurisprudence, the indemnity awarded
by the trial court should be increased from P30,000.00 to
P50,000.00.
WHEREFORE, the Decision of Branch 3 of the Regional Trial
Court of Tagbilaran City in Criminal Case No. 5064 and Criminal
Case No. 5065 finding the accused LUCIANO JUMAMOY y
AÑORA, alias “JUNIOR,” guilty of the crimes charged therein, is
hereby AFFIRMED subject to the modification as to the indemnity
which is increased from P30,000.00 to P50,000.00 and the deletion
of the words “life imprisonment” from the dispositive portion
thereof.
Costs against the accused.
SO ORDERED.
Feliciano (Acting Chairman), Bidin, Romero and Melo, JJ.,
concur.
Gutierrez, Jr., J., On terminal leave.
Decision affirmed with modification.
Note.—Use of an unlicensed firearm not an aggravating

circumstance, but if same was used to destroy human life, it may
still be taken to increase the penalty to death reclusion, perpetua
under the 1987 Constitution (People vs. Tacan, 182 SCRA 601).
——o0o——
_______________
26 People vs. Mobe, 81 Phil. 58 [1948]; People vs. Pilones, 84 SCRA 167 [1978];
People vs. Baguio, 196 SCRA 459 [1991]; People vs. Penillos, 205 SCRA 546
[1992].
349
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3/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 221

Remedial Law; Pleadings; Failure to point out inconsistencies in

Two (2) separate informations for “Murder” and “Qualified Illegal

while that for Qualified Illegal Possession of Firearm and

witness despite his (accused’s) repeated manifestation of his

THE LOWER COURT ERRED IN NOT FINDING THAT THE

THE LOWER COURT ERRED IN CONVICTING THE ACCUSED

The serious and material inconsistencies of the testimonies of

21 People vs. Mercado, 97 SCRA 232 [1980]; People vs. Clores, 184 SCRA 638

[1990]; People vs. Arceo, 187 SCRA 265 [1990]; People vs. Beringuel, 19? SCRA

imprisonment” following “reclusion perpetua” in the dispositive

Note.—Use of an unlicensed firearm not an aggravating

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People V Jumamoy

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People V Jumamoy

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3/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 221

Remedial Law; Pleadings; Failure to point out inconsistencies in

Two (2) separate informations for “Murder” and “Qualified Illegal

while that for Qualified Illegal Possession of Firearm and

witness despite his (accused’s) repeated manifestation of his

THE LOWER COURT ERRED IN NOT FINDING THAT THE

THE LOWER COURT ERRED IN CONVICTING THE ACCUSED­

The serious and material inconsistencies of the testimonies of

21 People vs. Mercado, 97 SCRA 232 [1980]; People vs. Clores, 184 SCRA 638

[1990]; People vs. Arceo, 187 SCRA 265 [1990]; People vs. Beringuel, 19? SCRA

imprisonment” following “reclusion perpetua” in the dispositive

Note.—Use of an unlicensed firearm not an aggravating

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THE LOWER COURT ERRED IN CONVICTING THE ACCUSED