People v. Amodia
G.R. No. 173791, April 7, 2009

Facts: 

Pablo Amodia was charged with the crime of murder. He raised the defense of mistaken identity, claiming that his real first name is “Pablito” and not “Pablo” as stated in the information. During trial, two of the neighbors pinpointed him as one of the persons who killed the victim.

Issue: 

Whether Amodia may be convicted even if his name is misspelled in the information.


Held: 

Positive identification pertains essentially to proof of identity and not necessarily to the name of the assailant. A mistake in the name of the accused is not equivalent, and does not necessarily amount to, a mistake in the identity of the accused especially when sufficient evidence is adduced to show that the accused is pointed to as one of the perpetrators of the crime. 

In this case, the defense’s line of argument is negated by the undisputed fact that the accused’s identity was known to both the eyewitnesses. Romildo stated that Pablo lived across Scorpion Street from where he lived. He also stated that he had known Pablo for more than a year. On the other hand, Luther testified that he had known Pablo since 1986 because they were neighbors and that he even played basketball with him. Pablo never denied these allegations.