Crim Pro Lacking Digest Till Atienza
Crim Pro Lacking Digest Till Atienza
BOCBOSILA
FACTS:
On 29 November 1999, appellant was charged in an
Information with Murder allegedly committed murder
(with AC of treachery and evident premeditation) upon
the person of one MICHAEL ANGELO BALBER Y
CASTILLON, a minor, 17 years of age, by then and
there stabbing him on the trunk with the use of a
bladed weapon, thereby inflicting upon him serious
and grave wound which was the direct and immediate
cause of his untimely death
2.
HELD:
3.
A witness testifying about the same nervewracking incident can hardly be expected to
be correct in every detail and consistent with
other witnesses in every respect, considering
the inevitability of differences in perception,
recollection, viewpoint, or impressions, as
well as in their physical, mental, emotional,
and psychological states at the time of the
reception
and
recall
of
such
impressions.22 Thus, we have followed the
rule in accord with human nature and
experience that honest inconsistencies on
minor and trivial matters serve to strengthen,
rather than destroy the credibility of a
witness, especially of witnesses to crimes
shocking to conscience and numbing to
senses.23
ISSUES:
1.
of
Reconsideration-
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Facts:
Petition for review on certiorari assailing the
decision of the CA, affirming the decision of RTC
Manila which found Petitioners Atienza and Castro
guilty beyond reasonable doubt of the crimes of
Robbery and Falsification of Public Document.
Petitioners are CA employees: budget officer
and utility worker, respectively. On March 20, 1995,
Juanito Atibula (Atibula), a custodian of the CA
Original Decisions, was invited by Castro to Atienzas
birthday party where he was introduced to a certain
Dario who asked for his help in locating a CA decision
in a particular case. (FERNANDO CASE)
They found said case in Vol 260 of the CA
Original Decisions. Dario perused said
document
and also scanned Vol. 265. In the following days,
Dario approached Atibula and requested the latter to
insert a decision dated Sep 26 1968 in one of the
Volumes but Atibula refused. Atienza thereafter
offered him P50,000 in exchange for Vol 260 but he
also refused.
Atibula subsequently discovered that Vol.
266 was missing which he reported to his superiors
immediately. Several days later, a certain Nelson de
Castro, also a CA employee, handed Atibula a giftwrapped package which turned out to be the missing