G.R. No. 218205 , July 5, 2017
People of the Philippines, Plaintiff-Appellee vs. Marcial D. Pulgo, Accused-Appellant

FACTS

The accused-appellant, Marcial D. Pulgo, was charged with Murder for the stabbing death of Romeo Lambo on July 21, 2007, in Cebu City. The prosecution’s eyewitness, Aurelio Sindangan, testified that he was with the victim when Pulgo suddenly pulled out a knife and stabbed Lambo. Aurelio stated he clearly saw the attack, chased the assailant, and positively identified Pulgo. The victim’s wife also testified that she saw Pulgo standing on the street shortly after the incident before she went to the hospital where her husband died.
The defense interposed an alibi, claiming Pulgo was in Moalboal, Cebu, at the time of the crime, purchasing a goat for a fiesta. This was corroborated by his mother and brother. He asserted he only learned of the stabbing through a phone call and was arrested a year later when he returned to Cebu City to clear his name. The Regional Trial Court convicted Pulgo of Murder qualified by treachery and sentenced him to reclusion perpetua, a decision affirmed by the Court of Appeals with modifications to the awarded damages.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for Murder based on the credibility of the prosecution’s eyewitness testimony and in rejecting the defense of alibi.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court upheld the factual findings of the lower courts, emphasizing the well-settled doctrine that the assessment of witness credibility is best undertaken by the trial court due to its unique opportunity to observe the witnesses’ demeanor, conduct, and attitude during trial. These findings are accorded great weight and respect, especially when affirmed by the appellate court. No compelling reason was shown to overturn these concurrent findings.
The positive, categorical, and unequivocal identification of Pulgo by eyewitness Aurelio Sindangan prevailed over the defense of alibi. For alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of his being at the crime scene. The defense failed to establish this impossibility, as Moalboal and Cebu City are within the same province, making it not inconceivable for Pulgo to have traveled between them. Positive identification, when credible and categorical, will always overcome a weak defense of alibi. Furthermore, the Court sustained the finding of treachery, as the sudden and unexpected knife attack ensured the victim had no opportunity to defend himself. The awarded damages were also affirmed in line with prevailing jurisprudence.