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People vs. Lusabio [SEPARATE OPINION, DISSENTING, ABAD, J.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus PABLO LUSABIO, JR. y VERGARA, Accused-Appeellant, TOMASITO DE LOS SANTOS and JOHN DOE, Accused

G.R. No. 186119 | 2009-10-27

DISSENTING OPINION

ABAD, J.:

The ponencia found accused-appellant Pablo Lusabio Jr., guilty beyond reasonable doubt of murdering Edwin Labini. It affirmed the findings of the Court of Appeals which reiterated the points raised by the trial court.

The trial court convicted Lusabio mainly based on the testimony of the victim's wife, Doris Labini. It found her credible, consistent, and free of ill motive to testify against Lusabio whom she knew. Further, the trial court gave more weight to Doris' positive identification of Lusabio as her husband's killer than Lusabio's denial. Lastly, co-accused Tomasito de los...