People of the Philippines vs. Gerardo Cornel

A conviction for homicide may rest on the positive testimony of a single eyewitness who knew the accused well, and the trial court's assessment of such witness's credibility, having observed her demeanor, should not be disregarded. An accused is responsible for the natural consequences of his unlawful act, including death caused by tetanus secondary to an infected wound inflicted by the assault, where the infection and subsequent death are directly traceable to the injury.

The case involves a criminal prosecution for homicide arising from a bolo attack on Fabian Burac in the Barrio of San Miguel, Municipality of Tabaco, Province of Albay. The appellant was previously prosecuted for physical injuries before the victim's death, which occurred several days after the attack. The motive for the offense was supplied by the circumstance that the victim had once arrested and threatened the appellant during the Japanese occupation.

On June 8, 1945, at about 6 o'clock in the evening, Fabian Burac was descending the stairs of his house in the Barrio of San Miguel, Municipality of Tabaco, Province of Albay, when the appellant, Gerardo Cornel, suddenly assaulted him with a bolo. Trinidad Coral, the victim's wife, personally witnessed the attack. She saw the appellant assault her husband with a bolo as the latter was descending the stairs. After Fabian Burac, then wounded in the forehead, fell, the appellant threw a stone which hit Fabian's right clavicle. The appellant thereafter fled in the direction of his house.

The victim's wound was described by Dr. Mariano Cruel, a government witness, as "an incised vertical wound extending from a little above the middle of the eyebrows down to the lower root of the nose," which cut "the frontal and the nasal bones also." Fabian last reported for treatment on June 15, 1945, at which time Dr. Cruel already noticed Fabian's rigid muscles and slight lock-jaw. For this reason, Dr. Cruel prescribed anti-tetanic serum, which was never actually administered on the patient because it was not then available in the place. Fabian Burac died several days after June 8, 1945, and Dr. Cruel certified the cause of death as "of tetanus secondary to the infected wound."

Not long after the incident, Caspara Bendicio, another prosecution witness, asked Fabian what had happened, and Fabian replied that he had been boloed by the appellant. This testimony was accepted by the trial court under the rule of res gestae. The appellant was prosecuted, though only for physical injuries, even before Fabian's death occurred. The appellant's defense was alibi — that between 5 p.m. of June 8, 1945 and the morning of June 9, 1945, he was in Tabaco, Albay. The trial court gave full credit to the positive testimony of Trinidad Coral, who knew the appellant well.

• Inadequacy of Evidence on Identity: The appellant, through counsel de oficio, argued that the evidence for the prosecution establishing his identity was inadequate, relying on the conjecture that Trinidad Coral might have made a mistake in identifying her husband's assailant, considering the time of the attack.
• Nature of the Weapon: The appellant contended that the wound on Fabian's forehead was produced not by a bolo or any long, sharp-cutting weapon but by an irregular and hard object with a sharp edge, such as a heavy piece of stone with one or more sharp edges, which, when thrown forcibly from a distance, would necessarily produce a small apparently "incised" wound and render the victim unconscious.
• Proof of Death: The appellant argued that the death of Fabian Burac was not established, pointing to the certificate of the civil registrar of Tabaco dated August 3, 1945, to the effect that the matter had not been registered in his office.
• Cause of Death: The appellant surmised that Fabian might not have died of tetanus, because there are other diseases sometimes exhibiting symptoms of tetanus.
• Admissibility of Res Gestae Testimony: The appellant alleged that the testimony of Caspara Bendicio regarding Fabian's statement that he had been boloed by the appellant was inadmissible.
• Alibi: The appellant raised the defense of alibi, claiming that between 5 p.m. of June 8, 1945 and the morning of June 9, 1945, he was in Tabaco, Albay.

• Positive Eyewitness Testimony: The prosecution presented the positive testimony of Trinidad Coral, who personally saw the appellant assault her husband with a bolo, throw a stone that hit Fabian's right clavicle after he fell, and flee in the direction of his house.
• Res Gestae Statement: The prosecution presented the testimony of Caspara Bendicio, who testified that when she asked Fabian not long after the incident what had happened, Fabian replied that he had been boloed by the appellant.
• Medical Evidence: The prosecution presented Dr. Mariano Cruel, who described the wound and certified the cause of death as tetanus secondary to the infected wound, having observed the manifestations of tetanus when Fabian last reported for treatment.

• Identity of the Accused: Whether the prosecution's evidence sufficiently established the appellant's identity as the assailant.
• Nature of the Weapon: Whether the wound on the victim's forehead was produced by a bolo or by an irregular, hard object with a sharp edge such as a stone.
• Proof of Death: Whether the death of Fabian Burac was sufficiently established despite the absence of registration in the civil registrar's office.
• Cause of Death: Whether the victim's death from tetanus secondary to the infected wound was attributable to the appellant's unlawful act.
• Admissibility of Res Gestae Testimony: Whether the testimony of Caspara Bendicio regarding the victim's statement was admissible under the rule of res gestae.
• Alibi: Whether the appellant's defense of alibi could prevail given the positive identification by an eyewitness.

• Identity of the Accused: Yes. The positive testimony of Trinidad Coral, who personally witnessed the attack and knew the appellant well, sufficiently established the appellant's identity as the assailant.
• Nature of the Weapon: No. The appellant's contention regarding the nature of the weapon was rejected as conjectural and could not be accepted where a criminal assault is proved through an eyewitness.
• Proof of Death: Yes. The death of Fabian Burac was established by the testimony of his wife and mother-in-law; the civil registrar's certificate merely showed that no report was made up to the date mentioned and could not conclusively negate the fact of death.
• Cause of Death: Yes. The appellant was held responsible for the natural consequences of his unlawful act, including death from tetanus secondary to the infected wound, as certified by Dr. Mariano Cruel.
• Admissibility of Res Gestae Testimony: Yes. The testimony of Caspara Bendicio was properly accepted by the trial court under the rule of res gestae.
• Alibi: No. The defense of alibi could not prevail because Trinidad Coral, found to be truthful, was an eyewitness to the appellant's criminal attack.

• Identity of the Accused: The trial court gave full credit to the positive testimony of Trinidad Coral, and the latter's advantage of observing and hearing the witness should not be disregarded, particularly where Trinidad knew the appellant well and the appellant merely relied on the conjecture that Trinidad might have made a mistake in identifying her husband's assailant, considering the time of the attack. Apart from the testimony of Caspara Bendicio, there was sufficient proof regarding the appellant's identity. The Court also noted that the appellant was prosecuted, though only for physical injuries, even before Fabian's death occurred.

• Nature of the Weapon: The appellant's contention that the wound was produced by an irregular and hard object with a sharp edge, such as a heavy piece of stone, may be tenable in forensic medicine, but it is still conjectural and cannot be accepted where a criminal assault is proved through an eyewitness. The eyewitness testimony of Trinidad Coral established that the appellant assaulted the victim with a bolo.

• Proof of Death: The death of Fabian Burac was established by the testimony of his wife and mother-in-law. The certificate of the civil registrar of Tabaco dated August 3, 1945, to the effect that the matter had not been registered in his office, merely shows that no report was made up to the date mentioned, but it cannot conclusively negate the fact of Fabian's death.

• Cause of Death: The Court had no doubt that Fabian Burac died, as certified by Dr. Mariano Cruel, "of tetanus secondary to the infected wound." When Fabian last reported for treatment on June 15, 1945, Dr. Cruel already noticed Fabian's rigid muscles and slight lock-jaw, which was the very reason he prescribed anti-tetanic serum, which was never actually administered because it was not then available. The appellant's surmise that Fabian might not have died of tetanus, because there are other diseases sometimes exhibiting symptoms of tetanus, could not prevail against the conclusion of Dr. Cruel, who in fact treated Fabian's wound and saw the manifestations of tetanus. The appellant must be held responsible for the natural consequences of his unlawful act, citing People vs. Borbano, 76 Phil., 702.

• Admissibility of Res Gestae Testimony: The testimony of Caspara Bendicio, to the effect that when she asked Fabian not long after the incident what had happened, Fabian replied that he had been boloed by the appellant, was accepted by the trial court under the rule of res gestae. The statement was made not long after the incident and was a spontaneous declaration concerning the startling occurrence.

• Alibi: The defense of alibi may be worth inquiring into if Trinidad Coral, already found to be truthful, was not an eyewitness to the appellant's criminal attack. The motive for the offense was undoubtedly supplied by the circumstance that Fabian once arrested and threatened the appellant during the Japanese occupation.

• Res Gestae — Statements made by a victim not long after a startling incident, describing what had happened, are admissible as part of the res gestae. The Court applied this rule to admit the testimony of Caspara Bendicio, who testified that Fabian replied he had been boloed by the appellant when asked what had happened not long after the incident.

• Natural Consequences of Unlawful Act — An accused is responsible for the natural consequences of his unlawful act. The Court applied this principle to hold the appellant responsible for the victim's death from tetanus secondary to the infected wound, where the wound was inflicted by the appellant's assault and the infection and death directly followed.

• Credibility of Eyewitness Testimony — The trial court's assessment of a witness's credibility, having the advantage of observing and hearing the witness, should not be disregarded, particularly where the witness knew the accused well. The Court applied this principle in giving full credit to the positive testimony of Trinidad Coral, who personally witnessed the attack and knew the appellant well.

• Alibi — The defense of alibi cannot prevail where there is positive identification by an eyewitness found to be truthful. The Court rejected the appellant's alibi because Trinidad Coral, an eyewitness to the attack, was found to be truthful.

• "The positive testimony of Trinidad was given full credit by the trial court, and the latter's advantage of observing and hearing the witness should not be disregarded particularly where, as in this case, Trinidad knew the appellant well and the latter merely relies on the conjecture that Trinidad might have made a mistake in identifying her husband's assailant, considering the time of the attack." — This passage articulates the Court's deference to the trial court's credibility findings and establishes the sufficiency of eyewitness identification.

• "This contention may be tenable in forensic medicine, but it is still conjectural and cannot be accepted where a criminal assault is proved through an eyewitness." — This passage rejects the appellant's speculative theory regarding the nature of the weapon in favor of direct eyewitness testimony.

• "The appellant must of course be held responsible for the natural consequences of his unlawful act." — This passage states the controlling principle that an accused is liable for the natural consequences of his unlawful act, including death from tetanus secondary to the inflicted wound.

• "The defense of alibi may be worth inquiring into, if Trinidad Coral (already found to the truthful) was not an eyewitness to appellant's criminal attack." — This passage explains why the alibi defense fails in light of positive eyewitness identification.

• People vs. Borbano, 76 Phil., 702 — Cited as controlling authority for the principle that an accused must be held responsible for the natural consequences of his unlawful act.

• Rule on Res Gestae, Rules of Court — Applied to admit the testimony of Caspara Bendicio regarding the victim's statement that he had been boloed by the appellant, made not long after the incident.
• Indeterminate Sentence Law — Applied by the trial court in imposing the indeterminate prison term ranging from 8 years and 1 day of prision mayor to 14 years, 8 months and 1 day of reclusion temporal.
• Revised Penal Code, Article 249 (Homicide) — The crime for which the appellant was convicted, defined as the killing of a person without qualifying circumstances of murder or parricide.

Pablo, Perfecto, Bengzon, Hontiveros, and Tuason, JJ., concurred.