Dear PAO,

My son, together with his friends, went on a drinking spree in a bar and got involved in an altercation with another group. A few hours after he returned home, the police arrested him for an alleged stabbing incident at the place where they were drinking. Apparently, one of the persons involved in the earlier altercation was found dead with a stab wound. According to the police, witnesses pointed out that my son was seen having an altercation with the victim and was seen “hugging” him when the victim fell. However, the knife used was never found. Is not the knife the corpus delicti of the crime?

Elvira

Dear Elvira,

Please be informed of the Supreme Court’s ruling in the case of Anthony Acuril alias “Tonit” v. People of the Philippines (GR 264219, June 14, 2023), where it was provided that presentation of the murder weapon is not indispensable to prove corpus delicti. Citing the case of People vs. Pintulan, the high court elucidated it in this wise:

“In the Petition, Anthony argues that since Benedict did not see him possessing a knife on the day of the incident, Eduardo’s death could not possibly be attributed to him. Anthony further alleges that Benedict’s testimony, that he and Fernando helped Eduardo by pulling him, from the drainage canal four times, is inconsistent with that of Fernando, since the latter failed to attest to the same.

“The Court is not convinced.

“In People v. Pitulan, the Court pronounced:

“[T]he presentation of the murder weapon is not indispensable to prove the corpus delicti, as its physical existence is not an element of murder. To prove the corpus delicti, the prosecution only needs to show that: ‘(a) a certain result has been established… and (b) some person is criminally responsible for it.'”

As stated in the above case, corpus delicti only seeks to prove that (a) a certain result has been established; and (b) some person is criminally responsible for it. The murder weapon, although a valuable piece of evidence, is not an indispensable piece of evidence to prove corpus delicti.

As in this case, the positive identification of witnesses that your son and the victim were last seen having an altercation, together with other possible pieces of evidence, can establish the guilt of your son, even if he argues that he was never seen holding the knife or that the knife was never recovered. According to the high court:

“The testimony of Benedict that he did not see Anthony possessing a knife on the day of the incident is not fatal to the case as the weapon is not an element of Homicide. It is sufficient that the prosecution has established that Eduardo died as a result of the stab wound on his neck and that Anthony is the one responsible for it.”

All considered, the finding of guilt and the conviction of your son cannot be solely hinged on the presence or absence of the murder weapon. The pieces of evidence, together with the testimonies of witnesses, can paint a clear picture as to who should be held liable.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]