MikeLigalig.com

PEOPLE V. TUMARU
December 2,  1999
The accused shot and killed a municipal councilor and OIC in Kalinga Apayao. The prosecution
was based on 12-yr. old Miguel's testimony as he saw the crime occur. Found guilty of murder,
they appealed saying that the judge erred in not holding witness Miguel's testimony as biased
and imputing motive to the accused without any evidence.

HELD:
Proof of motive is not crucial where the identity of the accused has been amply established. 
Witness Miguel's testimony was sufficient to convict the accused.   The testimony of minors of
tender age will suffice  to convict a person of  a crime as  long as it  is credible.   The fact   that
Miguel eventually stayed with one of the victim's widows does not prove bias.   It is but natural
for the bereaved family to be concerned about the safety of the lone witness.  The concern for
the victim does not make him biased or unreliable.