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    Plaintiff-Appellee Accused-Appellant: Third Division

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    John Arthur
    Ruel Tuy was convicted of murdering Orlando Barrameda. The conviction was based on eyewitness testimony from the victim's son and medical evidence establishing the cause of death. Tuy claimed an alibi but it was rejected because he could not prove it was physically impossible for him to be at the crime scene. The Court of Appeals and Supreme Court affirmed the conviction, finding no errors. The civil liabilities were increased in line with jurisprudence.

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    Plaintiff-Appellee Accused-Appellant: Third Division

    Uploaded by

    John Arthur
    23 views3 pages
    Ruel Tuy was convicted of murdering Orlando Barrameda. The conviction was based on eyewitness testimony from the victim's son and medical evidence establishing the cause of death. Tuy claimed an alibi but it was rejected because he could not prove it was physically impossible for him to be at the crime scene. The Court of Appeals and Supreme Court affirmed the conviction, finding no errors. The civil liabilities were increased in line with jurisprudence.

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    1. People v. Tuy

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    Ruel Tuy was convicted of murdering Orlando Barrameda. The conviction was based on eyewitness testimony from the victim's son and medical evidence establishing the cause of death. Tuy claimed an alibi but it was rejected because he could not prove it was physically impossible for him to be at the crime scene. The Court of Appeals and Supreme Court affirmed the conviction, finding no errors. The civil liabilities were increased in line with jurisprudence.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23 views3 pages

    Plaintiff-Appellee Accused-Appellant: Third Division

    Uploaded by

    John Arthur
    Ruel Tuy was convicted of murdering Orlando Barrameda. The conviction was based on eyewitness testimony from the victim's son and medical evidence establishing the cause of death. Tuy claimed an alibi but it was rejected because he could not prove it was physically impossible for him to be at the crime scene. The Court of Appeals and Supreme Court affirmed the conviction, finding no errors. The civil liabilities were increased in line with jurisprudence.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    THIRD DIVISION

    [G.R. No. 179476. February 9, 2011.]

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUEL TUY,


    accused-appellant.

    RESOLUTION

    BERSAMIN, J : p

    Together with Ramon Salcedo, Jr. and Raul Salcedo, who have
    remained at large, appellant Ruel Tuy was charged with murder in the
    Regional Trial Court in Calabanga, Camarines Sur (RTC) for the killing of
    Orlando Barrameda in the afternoon of October 11, 2001 in Brgy. Bani,
    Tinambac, Camarines Sur, under the following information: DcCEHI

    That on or about 4:00 o'clock in the afternoon of October 11,


    2001 at Bani, Tinambac, Camarines Sur, Philippines and within the
    jurisdiction of the Honorable Court, the said accused with intent to kill
    and while armed with firearms and a bolo and with conspiracy between
    and among themselves, did then and there, willfully, unlawfully and
    feloniously attack, assault and harm one Orlando Barrameda thereby
    inflicting mortal wounds on the different part of his body which caused
    his instantaneous death, to the damage of his heirs in such amount as
    may be duly proven in court.
    Attendant during the commission of the crime is treachery
    because the accused took advantage of their superior strength, with
    arms and employed means, methods or forms in the execution thereof
    which tend directly and specially to insure its execution, without risk to
    himself arising from the defense which the offended party might make.

    Further, the offended party was at the time of the crime the
    incumbent barangay captain of the place where the incident happened.
    ACTS CONTRARY TO LAW. 1

    Upon arraignment, the accused-appellant pleaded not guilty to the


    charge of murder. Thereafter, trial on the merits ensued.
    For the Prosecution, Severino Barrameda (Severino), the son of the
    victim, declared that he had witnessed the Salcedos shooting and Tuy
    hacking his father. The medico-legal evidence presented through Dr.
    Salvador Betito, Jr. (Betito), who had conducted the autopsy, established
    that the victim had sustained five hack wounds and two gunshot wounds.
    Betito concluded that the cause of death was rapid external and internal
    hemorrhage secondary to multiple gunshot wounds and hack wounds.
    In his defense, Tuy denied his participation in the crime and claimed
    that he was processing copra at the time of the killing in Sitio Olango, Brgy.
    CD Technologies Asia, Inc. © 2021 cdasiaonline.com
    Bani Tinambac, Camarines Sur. His brother Ramil Tuy corroborated him.
    On February 22, 2006, the RTC rendered its decision convicting Tuy of
    murder, and archiving the case as against the Salcedos. The RTC based its
    judgment on the eyewitness testimony of Severino and on the testimony of
    Dr. Betito. The dispositive portion reads:
    WHEREFORE, in view of the foregoing, the prosecution having
    proven the guilt of the accused Ruel Tuy beyond reasonable doubt, he
    is hereby found guilty of the crime of Murder as charged. He is hereby
    sentenced to suffer the penalty of RECLUSION PERPETUA and to pay
    the heirs of Orlando Barrameda the amount of P50,000 as civil
    indemnity; P50,000 as moral damages; P38,000 as actual damages
    and to pay the costs. He is likewise meted the accessory penalty as
    provided for under the Revised Penal Code.
    xxx xxx xxx

    SO ORDERED. 2

    On appeal, the Court of Appeals (CA) affirmed the conviction, 3


    rejecting Tuy's defenses of denial and alibi. It ruled that it was still physically
    possible for him to come from Brgy. Olango and be at the seashore of Brgy.
    Bani, Tinambac, Camarines Sur where the killing happened. The decretal
    portion of the decision reads:
    WHEREFORE, the assailed Decision of the Regional Trial Court,
    Branch 63, Calabanga, Camarines Sur in Criminal Case No. 02-697
    dated 22 February 2006 is AFFIRMED. aDICET

    SO ORDERED. 4

    Tuy now insists to us that the CA committed reversible error in


    affirming his conviction.
    We affirm the decision of the CA.
    Firstly, the findings of the RTC are accorded the highest degree of
    respect, especially if adopted and confirmed by the CA, because of the first-
    hand opportunity of the trial judge to observe the demeanor of the witnesses
    when they testified at trial; such findings are final and conclusive and may
    not be reviewed on appeal unless there is clear misapprehension of facts. 5
    Here, there was no showing that the RTC and the CA erred in appreciating
    the worth of Severino's eyewitness testimony.
    Secondly, the CA and the RTC rejected the alibi of Tuy. We agree with
    their rejection. To begin with, his absence from the scene of the murder was
    not firmly established considering that he admitted that he could navigate
    the distance between Brgy. Olango (where he was supposed to be) and Brgy.
    Bani (where the crime was committed) in an hour by paddle boat and in less
    than that time by motorized banca. Also, eyewitness Severino positively
    identified him as having hacked his father. 6 The failure of Tuy to prove the
    physical impossibility of his presence at the crime scene negated his alibi. 7
    And, thirdly, the medico-legal evidence indicating that the victim
    CD Technologies Asia, Inc. © 2021 cdasiaonline.com
    sustained several hack wounds entirely corroborated Severino's recollection
    on the hacking.
    On the civil liability, we increase the civil indemnity and the moral
    damages from P50,000.00 to P75,000.00, and add exemplary damages of
    P30,000.00 in order to accord with current jurisprudence to the effect that
    damages in such amounts are granted whenever the accused is adjudged
    guilty of a crime covered by Republic Act No. 7659 like murder. 8
    WHEREFORE, the Court affirms the decision promulgated on April 25,
    2007 finding RUEL TUY guilty beyond reasonable doubt of murder, subject to
    the modification that the civil indemnity is P75,000.00; the moral damages is
    P75,000.00; and the exemplary damages is P30,000.00.
    SO ORDERED.
    Carpio Morales, Brion, Peralta * and Villarama, Jr., JJ., concur.

    Footnotes

    *In lieu of Justice Maria Lourdes P.A. Sereno who is on leave per Office Order No.
    944 dated February 9, 2011.
    1.Records, p. 1.

    2.CA Rollo, pp. 65-66.

    3.Rollo , pp. 2-12; penned by Associate Justice Romeo F. Barza, with Associate
    Justice Mariano C. Del Castillo (now a Member of the Court) and Associate
    Justice Arcangelita M. Romilla-Lontok (retired) concurring.

    4.Id., pp. 11-12.

    5.Garong v. People , G.R. No. 148971, November 29, 2006, 508 SCRA 446, 455;
    Lubos v. Galupo, G.R. No. 139136, January 16, 2002, 373 SCRA 618, 622;
    Montecillo v. Reynes, G.R. No. 138018, July 26, 2002, 385 SCRA 244, 255.
    6.People v. Malones , G.R. Nos. 124388-90, March 11, 2004, 425 SCRA 318, 338.
    7.People v. Bracamonte , G.R. No. 95939, June 17, 1996, 257 SCRA 380, 384.

    8.People v. Arbalate , G.R. No. 183457, September 17, 2009, 600 SCRA 239, 255.

    CD Technologies Asia, Inc. © 2021 cdasiaonline.com

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