Law School Funk: September 2008

Digested by Karen Styf Javier

People vs. Ramilla May 8, 1993

Facts: Murder with Aggravating Circumstance of Treachery and Evident Premeditation.

Issue: W/N the decision is faulted by the defense for not applying the equipoise rule and for giving credence to the lone witness.

Ruling: The equipoise rule is applicable only where the evidence of the prosecution and the defense are so evenly balanced as to call for the titling of the scales in favor of the accused who is presumed innocent under the bill of rights. The evidence of the prosecution is heavier than that of the defense and has overcome the constitutional presumption of innocence in favor of the appellant. Therefore, the rule is not applicable in this case because there is no equipoise.

Appeal dismissed and challenged decision is affirmed, with costs against appellant.

People vs. Plazo January 29, 2001

Facts: Murder. One Leonor Fabula witnessed the killing her son, Romeo Fabula. By herein Appellant Edison Plazo with the use of “Gatab”.

Issue: W/N Human Behavioral Response of a witness considering blood relationship be given credence in convicting the accused for the crime charged.

Ruling: Having had the opportunity to personally observe the witness demeanor and manner of testifying, the trial judge is in better position to pass judgment on their credibility. As observed, Leonor Fabula testified in straightforward, spontaneous and frank manner, which is necessary for single witness to be found worthy of credence to support conviction.

Witnessing a crime is an unusual experience that elicits different reactions from the witnesses and for which no clear-cut standard form of human behavior response can be drawn when one is confronted with a strange, startling, or frightful experience.

Blood relationship between a witness and a victim does not, by itself, impair the credibility of a witness. On the contrary, relationship strengthens credibility, for it is unnatural for an aggrieved relative to falsely to accuse someone other than the actual culprit. The earnest desire to seek justice for a dead kin is not served should the witness abandon his conscience and prudence and bame one who is innocent of the crime.