GR 155153; (July, 2007) (Digest)
G.R. No. 155153; July 24, 2007
SPO1 LORETO NERPIO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner SPO1 Loreto Nerpio was charged with homicide for the killing of Mario Salazar on October 3, 1993, in Caloocan City. The prosecution presented eyewitness Nelly Villanueva, who testified that she saw a man call out to Salazar on Tindalo Street, place an arm over his shoulder, and shoot him in the neck. She identified Nerpio as the assailant. The defense, however, interposed alibi. Nerpio claimed he was at his residence hosting his son’s birthday party and only went to the crime scene after hearing about a shooting incident involving his cousin and the victim.
ISSUE
The core issues were: (1) whether the conviction based solely on Villanueva’s testimony was erroneous, and (2) whether the defense of alibi should have been upheld given the alleged weakness of the prosecution’s evidence.
RULING
The Supreme Court denied the petition and affirmed the conviction. On the first issue, the Court upheld the credibility of Villanueva’s eyewitness account. It ruled that the alleged inconsistencies in her testimony—pertaining to minor details like the victim’s address or the assailant’s profession—were trivial and did not relate to the essential elements of the crime. The trial court’s assessment of her clear, positive, and consistent testimony, which withstood rigorous cross-examination, was accorded great respect and finality.
On the second issue, the Court found the alibi defense unavailing. For alibi to prosper, it must demonstrate the physical impossibility of the accused being at the crime scene. Nerpio failed to establish this impossibility, as his claimed location was not so far from the crime scene as to preclude his presence there. Alibi is inherently weak and cannot prevail over the positive identification by a credible witness. The Court emphasized that positive testimony, when credible, will always outweigh a denial of alibi. Consequently, the findings of the trial and appellate courts were sustained.