Professional Documents
Culture Documents
9 People vs. Dy
9 People vs. Dy
*
No. L-74517. February 23, 1988.
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* SECOND DIVISION.
112
112 SUPREME COURT REPORTS ANNOTATED
People vs. Dy
113
People vs. Dy
MELENCIO-HERRERA, J.:
114
"ORDER
**
After trial, the lower Court rendered judgment on 9
December 1985 with the following decretal portion:
Hence, this appeal. The last Brief before this Court was
filed on 26 February 1987 and the case was deliberated
upon on 25 January 1988.
Testifying for the prosecution in the Court below, one
Wilson TUMAOB, a resident in the area, and a fisherman
by occupation, gave his account of the incident as follows:
"At around 12:00 midnight while inside the bar, he saw the
accused Benny Dy shoot a white person, (meaning a European)
who was hit on the right side of the neck (Tsn. Nov. 12,1984, pp.
78, 80). He recognized the accused as the one who shot the white
person because of the light coming from the petromax lamp which
was in front of him and he was just one-and-one-half meters from
the accused and about the same distance from the victim (Tsn,
Nov. 12,1984, p. 81). When he saw the accused shoot the victim,
he did not hear any conversation between them (Tsn. Nov.
14,1984, pp. 81,82). At that precise time, there were many people
of different nationalities coming in and out of the bar. He did not
know anyone of them except the accused Benny Dy (Tsn. Nov.
14,1984, p. 108). Neither did he know the helpers in the bar, nor
see anyone of these customers to be residents of, or friends of his
from, barrio Balusbos, Malay, where he resides.
"In the courtroom during the trial, the witness Wilson Tumaob
demonstrated how the accused shot the victim.
Q. When you said you saw Benny Dy shoot the victim, can you
demonstrate to the Court how he did it?
A. (As demonstrated, the victim and the accused were sitting and
facing then immediately the accused stood up and shot the
victim. (Tsn. Nov. 14,1984, pp. 117, 118).
Wilson Tumaob testified that the accused was about one meter
from the victim when the accused shot the latter. The table where
he was sitting
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116
was parallel to the table where the victim was sitting. He was
looking at the accused and the victim when he saw the accused
shoot the victim, and the chair occupied by him and the chair
occupied by the victim were at the same side. (Tsn. Nov. 14,1884,
pp. 119420). After shooting the victim, the accused remained at
the place where the accused was standing (Tsn. Nov. 14,1984, p.
118).
The victim was carried by the victim's companions to the shore
and they loaded him on a pumpboat which was anchored about
fifty meters from the bar. Wilson Tumaob helped in carrying the
victim to the pumpboat to be brought to the hospital in
Caticlan(Tsn. Nov. 12,1984, pp. 82, 83). After the incident the eye-
witness (Wilson Tumaob) went home and slept at around 1:30 in
the morning of May 8,1984. (pp. 4-5, Annex '1', Appellant's Brief)."
"ATTY. RESURRECCION:
Q Sometime on May 8,1984, can you tell the Honorable
Court if you have met the accused Benny Dy?
A At home after coming from the radio station, Benny Dy
came to me and inquired if the Office of the Chief of
Police was opened?
Q And what did you answer him when the accused asked
you that?
A I answered him that the Office of the Chief of Police is
opened for twenty four hours.
Q Did you ask Benny Dy why he asked you if the Office of
the Chief of Police was opened?
A I inquired him why, then he answered me that he had
shot a tourist." (p. 6, t.s.n., October 17, 1984).
xxx xxx
"ATTY. RESURRECCION:
Q When Benny Dy answered you that he shot a tourist,
what did you do?
A I inquired him further if the tourist was dead but he
answered me that the victim was brought to the
hospital.
Q What did you do as police officer when Benny Dy told
you
117
118
xxx xxx
Q When Benny Dy told you that he shot a tourist in his
establishment, known as Benny's Bar, what else did he
tell you?
A He told me that after shooting the victim he requested
somebody to rush the victim to the hospital.
Q Did you ask him why he shot the victim?
A I did not.
Q You stated that the accused Benny Dy surrendered to
you a gun together with Pat. Manuel Casimiro, if that
gun is shown to you, will you be able to identify the
same?
A Yes, sir.
Q I am showing to you a gun in a container revolver
caliber .38 and one (1) bullet exhibit against Benny Dy,
which we request that this container be marked as
Exhibit 'A' for the prosecution, Your Honor.
"COURT:
Mark it.
"ATTY. RESURRECCION:
Q Is this the same gun you are referring to which was
surrendered by Benny Dy?
A Yes, sir, this is the one. (Witness identifying the gun.)"
(pp. 11-12, id.)
119
120
Assignments of Error
The trial Court erred in holding that the Smith & Wesson
revolver cal.
121
.38 with Serial No. 33169 was the gun which caused the death of
Christian Langel.
II
III
IV
V
The trial Court erred in holding that the conflicting
testimonies of Pat. Padilla and Casimiro relate to minor matters
which do not affect their credibility.
VI
The trial Court erred in holding that appellant made the oral
confession, and in admitting the same as well as the entries in the
police blotter.
VII
VIII
IX
122
XI
XII
126
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