G.R. No. 98325 August 12, 1992 LUCINO DIAZ, petitioner, vs. HONORABLE COURT OF APPEAL AND THE PEOPLE OF THE PHILIPPINE, respondents. Constante B. Albano for petitioner.
!EDIALDEA, J.: F"#ts$ Lucino Diaz was charged before the Regional Trial Court of Ilagan, Isabela, Br. XI, of the cri!e of !urder, penalized under "rt. "rt. #$% of the Revised &enal Code, in an Infor!ation filed b' the &rovincial (iscal as follows) That on or about the *$th da' of (ebruar', *+% in the !unicipalit' of Ilagan, province of Isabela, &hilippines, and within the -urisdiction of this onorable Court, the accused Lucino Diaz alias Bo' alias Bo' Diaz, with treacher', treacher', did then and there willfull', unlawfull', feloniousl' feloniousl' and cri!inall' assault, attac/ and shoot one 0ulius Claravall, with a firear!, hitting hi! and inflicting a gunshot wound four 1$2 c!. above the left Cantuss of the upper left passing through the !edulla oblongata with three 132 degrees elevation of the tra-ector', through and through, which directl' caused the death of the said 0ulius Claraval due to !assive he!orrhage secondar' to gunshot wound. 4pon arraign!ent, Lucino Diaz 1hereafter 5Diaz52 pleaded not guilt'. "fter trial on the !erits, he was convicted on "pril *#, *+%+, pre!ised on the testi!on' of Ro!eo Ra!os 1hereafter 5Ra!os52 positivel' identif'ing Diaz as the assailant. 6n 6ctober 3*, *++7, the Court of "ppeals affir!ed affir!ed in toto the trial court8s decision, with costs against petitioner. 6n "pril $, *++*, the appellate court denied Diaz8 !otion for reconsideration.
Issu%$ 9hether or not C" erred in its decision rendered on 6ctober 3*, *++7.
H%&'$ (irstl', the the appellate court adopted the sa!e findings of fact as that of the trial court, upholding Ra!os8 positive identification of Diaz, who! Ra!os8 recognized as a fre:uent passenger on his tric'cle. The appellate court also disregarded Diaz8 defense of alibi.
The appellate court, however, adopted the trial court8s conclusion that, assu!ing Diaz8 presence in ;antiago, it, was still possible for hi! to go to Ilagan between <=% p.!., since the distance between ;antiago and Ilagan can be negotiated in one hour or even less. "lso, both courts found that Ra!os had no !otive for falsel' testif'ing against Diaz. ence, both courts overruled Diaz8 defense of alibi convicted hi! based, on his positive identification b' Ra!os. In anticipation of a denial of this petition for raising purel' :uestions of fact, Diaz now see/s to convince the court that his petition raises a :uestion of law to !erit a review. e disputes Ra!os8 identification of hi! b' pointing out Ra!os8 initial ad!ission before the &C investigators that he was not present at the scene of the cri!e. Then, after the lapse of ** da's or on 0une *#, *+%, he revealed the identit' of the assailant, in effect, reflecting a flaw in his identification. Ra!os8 dela', therefore, or hesitanc' 1which is the !ore appropriate ter!2 in infor!ing authorities about Diaz as Claravall8s assailant does not affect his testi!on' and his positive identification of Diaz is a valid basis for Diaz8 conviction. Thus, respondent Court aptl' observed) IT is ele!ental principle of law that flight is evidence of guilt. This was held on one case where accused the surrendered hi!self onl' after two years 1&eople vs. ector, L=<#%, (ebruar' #%, *+%<> *3< ;CR" **32. In the case at bar, the accused=appellant who was a &C soldier could not be arrested or located fro! as earl' as 6ctober *?, *+% up to 0anuar' *+%$ 1Records, pp. *%=+*2. (or al!ost si@ 1?2 'ears, accused=appellant was in hiding. The &C could not serve the warrant of arrest. This is incontrovertible evidence. 1pp. *$?= *$, Rollo2 "CC6RDIAL, the petition is DAID.