University of the Philippines College of Law

Topic Conduct and Character as Evidence

Case No. G.R. No. L-9723
Case Name People v. Soliman
Ponente Bautista Angelo
Digester Rojo, Aliyah

Quick Facts
Cause of Action Review for sentence of murder conviction
(Complaint/ Information)
Evidence in Question Testimony of Ernesto Balaktaw
How was it raised to the SC? Automatic review
Trial Court Decision Convicted of Murder
Supreme Court Decisions Death modified to reclusion perpetua

SUMMARY

RELEVANT FACTS
 Ernesto Basa was sleeping in a pushcart with Ernesto Balaktaw sleeping on a box situated near
the pushcart with heads opposite each other.
o Suddenly Balaktaw’s hand was kicked
o Woke up and saw a Sofronio Palin hold Basa by the shoulders while his companion
Geronimo Soliman stabbed Basa with a balisong many times
o Then assailants raw away.
 Took Basa to the hospital but he still died.
 Appellant Soliman testified that he acted on self-defense since he claims that deceased beat him
up previous to the incident since he didn’t let him borrow his pushcart; then the deceased
provoked him and boxed him which prompted Soliman to pull out his knife and in the course of
the fighting, appellant stabbed the deceased.
o Appellant Palin corroborated the testimony claiming that he was eating at a restaurant
when he saw Soliman and deceased grappling with each other and that he tried to
separate them and even advised Soliman to surrender which he followed.
 Conviction in mainly predicated on the testimony of one eyewitness – Ernesto Balaktaw

ISSUE/S
 W/N testimony of Balaktaw is credible?

RATIO DECIDENDI

Issue Ratio
W/N Testimony of YES
Balaktaw is credible?  TC was careful in taking notice not only of conduct of witness
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during trial but also the extraneous matters that may help in
reaching a correct conclusion. (i.e. corroborated by testimony of
appellant who admitted in having inflicted the wounds and also
supported by nature of wounds as found by Dr. in autopsy)
 TC also made careful observation of the conduct and
demeanor of the two accused during trial
o Soliman: well built, robust and apparently strong
o Palin: a little bigger than other accused, stronger
physique
o Deceased: slightly higher in stature thart Soliman but has
a thinner constitution and also much smaller than Palin
o Manner of testifying: Apparent indifference to all court
proceedings despite seriousness of crime; short, curt and
confused manner convinced Court they gave little
importance to the case and the proceedings
 Although initially Balaktaw was confused in identifying accused
by their names, when asked by court immediately thereafter to
put his hands on each of them, he was able to identify them
correctly. Initial mistake must have been due to accused being
seated together.
 TC also did not err in not allowing the defense to prove that
the deceased had a violent, quarrelsome or provocative
character. While good/character may be availed as an aid to
determine probability or improbability of the commission of an
offense, such is not necessary in crime of murder where killing
is committed through treachery premeditation.
o Proof of character may only be allowed in homicide
cases to show "that it has produced a reasonable belief of
imminent danger in the mind of the accused and a
justifiable conviction that a prompt defensive action was
necessary."

RULING

WHEREFORE, the decision appealed from is modified in the sense of imposing upon appellants merely
the penalty of reclusion perpetua, affirming the decisions in all other respects, with costs.