G.R. No. 99057 April 22, 1994
People of the Philippines, plaintiff-appellee, vs. Roger Parangan @ “Seko,” Alberto Semil, Luciano Jamarolin, Sabino Alaban, Zosimo Paglinawan, Jaime Bendano, and Felipe Ponggan, accused-appellant.

FACTS

On the night of April 26, 1985, in Barangay Owaon, Dapitan City, Felicisimo Diniay was called from outside his house by someone saying, “Naog diha, tiyo.” His son, Bienvenido Diniay, looked out a window and saw seven men in two groups. He recognized them all: the first group consisted of Roger Parangan, Zosimo Paglinawan, Jaime Bendano, and Felipe Ponggan; the second group consisted of Sabino Alaban, Alberto Semil, and Luciano Jamarolin. When Felicisimo emerged at the top of the stairway, Roger Parangan and appellant Felipe Ponggan suddenly fired their guns at him, hitting him in the forehead and stomach, causing his instantaneous death. An information for Murder was filed against all seven. The case against Roger Parangan was dismissed due to his death. Alberto Semil, Luciano Jamarolin, and Sabino Alaban were discharged to become state witnesses. Zosimo Paglinawan and Jaime Bendano remained at large. Only Felipe Ponggan stood trial. The Regional Trial Court convicted him of Murder and sentenced him to reclusion perpetua and ordered him to pay damages totaling P52,000 to the heirs. Ponggan appealed, arguing his guilt was not proven beyond reasonable doubt.

ISSUE

Whether the trial court gravely erred in convicting accused-appellant Felipe Ponggan of Murder despite the alleged absence of evidence proving his guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the award of damages. The defense of alibi presented by Ponggan, corroborated by Barangay Captain Geronimo Arunda, was found unimpressive and could not prevail over the positive identification by prosecution witnesses. Bienvenido Diniay, an eyewitness, categorically identified Ponggan as one of the shooters, aided by moonlight and prior acquaintance. His testimony was corroborated by discharged state witness Alberto Semil, who provided details of the event, and by Ernesto Saguin, who placed Ponggan in the vicinity hours before the killing. The Court found the alibi weak, noting inconsistencies in the defense witness’s account and the failure to present a claimed logbook as evidence. The qualifying circumstance of treachery was present as the attack was sudden and without warning, ensuring the victim’s defenselessness. The aggravating circumstances of dwelling, abuse of superior strength, and nighttime were considered absorbed in treachery. The award of civil indemnity for death was increased from P30,000 to P50,000 in accordance with prevailing jurisprudence. The decision of the trial court was AFFIRMED with the modification on the indemnity.