G.R. No. 186538; November 25, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. AUSENCIO COMILLO, JR., LUTGARDO COMILLO and ROMULO ALTAR, Accused-Appellants.

FACTS

On December 18, 1999, at around 8:30 p.m., Pedro Barbo was buying cigarettes on Escalo Street in Llorente, Eastern Samar. Appellants Ausencio Comillo Jr., Lutgardo Comillo, and Romulo Altar approached him. After Pedro gave them cigarettes, Ausencio suddenly embraced and held Pedro’s shoulders. Romulo then struck Pedro’s forehead with a ukulele, and Lutgardo stabbed him in the stomach. Ausencio pushed the victim to the ground before all three fled. Pedro was rushed to the hospital where he identified his assailants to his wife before succumbing to his wound.
At trial, prosecution eyewitnesses Joselito Bojocan and Marcos Borac, who were six and ten meters away respectively, positively identified the appellants under good lighting. The defense presented contrasting accounts: Ausencio claimed alibi due to illness; Lutgardo and Romulo invoked self-defense and defense of a stranger, alleging Pedro initiated the attack with a knife. The Regional Trial Court convicted all three of murder, a decision affirmed by the Court of Appeals.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the appellants for the crime of Murder.

RULING

The Supreme Court affirmed the conviction. The positive identification by credible eyewitnesses prevails over the defenses raised. The testimonies of Joselito and Marcos were clear, consistent, and credible, establishing the appellants’ concerted actions leading to Pedro’s death. The defenses of alibi and self-defense failed. Alibi is weak against positive identification, and the elements of self-defense were not proven; no unlawful aggression by Pedro was established, as the prosecution evidence showed a sudden and unprovoked attack by the appellants. The claim of defense of a stranger likewise fails absent proof of lawful defense of Lutgardo.
The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and unexpected, employing means that ensured the execution without risk to the appellants. The victim, held by Ausencio and struck with a ukulele, was rendered defenseless against the fatal stab. Evident premeditation and abuse of superior strength were not proven. The crime is Murder qualified by treachery. The Court modified the damages awarded, increasing civil indemnity, moral damages, and exemplary damages to ₱75,000.00 each, and awarding temperate damages of ₱25,000.00 in lieu of actual damages.