GR 105374; (September, 1999) (Digest)
G.R. No. 105374 . September 29, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMO (DAGIT) RABANG, JR., accused-appellant.
FACTS
On November 27, 1990, during a wake in Buguey, Cagayan, Floramante Talaro was shot and killed while playing cards. Prosecution witness Eduard Esteban testified that he saw accused-appellant Maximo (Dagit) Rabang, Jr., from a distance of about ten meters, point a long gun at Talaro’s back and fire. The scene was well-lighted, and Esteban had known the accused for over twenty years. The victim sustained multiple gunshot wounds, with the medico-legal report indicating an entrance wound at the back and exit wounds at the chest. The victim was scheduled to testify in a pending murder case against the accused. The police initially found no witnesses at the scene. Esteban reported the incident to the victim’s mother two days later, and a formal complaint was filed on January 21, 1991. The defense presented an alibi, claiming the accused was at the house of Barangay Captain Domingo Cusit, thirty meters away, at the time of the shooting. The Regional Trial Court convicted the accused of murder, qualified by treachery, and sentenced him to reclusion perpetua and ordered him to pay indemnity.
ISSUE
1. Whether the testimony of sole eyewitness Eduard Esteban is credible and sufficient to convict.
2. Whether the defense of alibi should prevail.
3. Whether treachery was present to qualify the killing as murder.
RULING
1. Yes. The Supreme Court affirmed the trial court’s assessment of Esteban’s credibility. The inconsistencies in his testimony were minor. His positive identification, made under well-lighted conditions and based on long familiarity with the accused, was credible and sufficient for conviction even if he was the sole eyewitness. The medico-legal findings corroborated his account of the shooting from behind.
2. No. The defense of alibi failed. The accused admitted the crime scene was only thirty meters from where he claimed to be, a distance traversable in less than a minute, making it not physically impossible for him to be present. Positive identification by an eyewitness prevails over alibi.
3. Yes. Treachery was present. The attack was sudden and from behind, giving the unarmed victim no opportunity to defend himself. This method ensured the execution of the crime without risk to the assailant.
The Supreme Court affirmed the trial court’s decision convicting accused-appellant Maximo (Dagit) Rabang, Jr., of murder and sentencing him to reclusion perpetua, and ordering him to pay indemnity to the victim’s heirs.