G.R. No. 107804 June 28, 1994
People of the Philippines, plaintiff-appellee, vs. Primitivo Paglinawan, accused-appellant.

FACTS

Primitivo Paglinawan was charged with the murder of Macario Avanceña, committed with treachery and evident premeditation in Cebu City on May 3, 1987. The prosecution’s principal witness was Librada Guimal, the victim’s daughter. She testified that bad blood existed between the parties since December 1986 when her father suspected Paglinawan of stealing his rooster. On January 4, 1987, she witnessed Paglinawan poke a gun at her father and threaten to kill him. The next day, she saw Paglinawan shoot her father in the thigh. On May 3, 1987, at about 2:15 P.M., while in their yard, she saw Paglinawan emerge from a pathway, shoot her father from behind in the right elbow, and then shoot him again in the back as he tried to run, causing his death. Dr. Jesus P. Cerna, the medico-legal officer, confirmed the victim sustained two gunshot wounds. Paglinawan denied the crime and interposed the defense of alibi, claiming he had transferred to Dalaguete, Cebu, two weeks after the January 5, 1987 incident and was there planting crops and fishing on the day of the murder. His brother, Tomas Paglinawan, corroborated his transfer but could not directly attest to his whereabouts at the exact time of the crime. The trial court found Paglinawan guilty beyond reasonable doubt and sentenced him to reclusion perpetua and to indemnify the heirs.

ISSUE

Whether the prosecution failed to prove that the accused Primitivo Paglinawan is the same person who shot and killed Macario Avanceña.

RULING

The Supreme Court affirmed the conviction with modification. The prosecution successfully proved Paglinawan’s identity as the perpetrator. The categorical and positive identification by witness Librada Guimal, who had known Paglinawan for 10 to 12 years, was deemed credible and sufficient. The Court rejected Paglinawan’s defense of alibi as inherently weak and unreliable. For alibi to prosper, it must be shown that it was physically impossible for the accused to be at the crime scene. Obong, Dalaguete was only about 98 kilometers or roughly 1.5 hours by bus from the crime scene in Cebu City, making it physically possible for him to be present. Furthermore, alibi becomes less plausible when established mainly by the accused and his immediate relative. The Court also ruled that the killing was qualified by treachery, as the victim was shot from behind without any opportunity to defend himself. However, the circumstance of evident premeditation was not proven. The civil indemnity was increased to P50,000.00 in accordance with prevailing policy.