G.R. No. 84398 December 2, 1992
PEOPLE OF THE PHILIPPINES, petitioner, vs. FRANCISCO CABACTULAN, ALFREDO SUGURAN, JAIME LAPINGKAW and JOHN DOE, accused. ALFREDO SUGURAN, accused-appellant.

FACTS

An information was filed charging Francisco Cabactulan, Alfredo Suguran, Jaime Lapingkaw, and a John Doe with the murder of Pio Yagma. The case proceeded only against accused-appellant Alfredo Suguran after his co-accused jumped bail. The prosecution evidence, through witnesses Nenita Yagma (the victim’s wife), Elsie Yagma, and Dr. Apolinar Vacalares, established that on the evening of June 24, 1984, while the Yagma family was having a prayer in their house in Sitio Lokong, Villanueva, Misamis Oriental, appellant Suguran, together with his co-accused and another masked man, entered. They hogtied Cristituto Timaynon, then Pio Yagma and Nenita Yagma. Nenita was blindfolded but heard her husband moan in pain. Upon freeing herself, she found her husband sprawled in blood. Pio Yagma was brought to the hospital where, before his death on June 26, 1984, he gave an ante mortem statement to PFC Romeo Bade identifying Alfredo Suguran and Francisco Cabactulan as among his assailants. The autopsy revealed the cause of death as massive hemorrhage due to stab wounds. The defense presented an alibi, with appellant and witnesses Rodulfo Jabeniao and Marciana Galon testifying that on the evening of the crime, appellant was in the Poblacion of Villanueva seeking herbal medicine for his sick children and stayed overnight at Galon’s house, about 3 hours away by hike from the crime scene. The prosecution presented a rebuttal witness, Mercedes Yagma, who testified she often saw appellant in the company of his co-accused and that the route between Villanueva and Lokong was passable by jeep.

ISSUE

The basic issue hinges on the credibility of the prosecution witnesses and whether the prosecution proved beyond reasonable doubt that appellant Alfredo Suguran is guilty of the crime of murder.

RULING

The Supreme Court AFFIRMED the conviction with modifications. The trial court’s findings of fact, particularly on witness credibility, are entitled to great respect. Appellant was positively identified by prosecution witness Nenita Yagma, who knew him even before the incident, and the crime scene was sufficiently illuminated by a kerosene lamp for identification. Crucially, the victim’s ante mortem statement, admissible as a dying declaration, positively identified appellant as one of his assailants. The defense of alibi is inherently weak and cannot prevail over positive identification. The alibi was not physically impossible, as the distance could be negotiated, and appellant’s claim of not knowing his co-accused was refuted by rebuttal testimony. The crime committed is murder under Article 248 of the Revised Penal Code. The Court modified the penalty from “life imprisonment” to reclusion perpetua, as the latter is the proper term for crimes under the Revised Penal Code, and increased the civil indemnity to P50,000.00.