GR L 18892; (May, 1966) (Digest)
G.R. No. L-18892 May 30, 1966
THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. MAKALAHI REYES alias LARRY, EPITACIO ALDOVINO alias PEPE, SIMEON MAGBOO, FELIMON MAGBOO and GRACIANO MAGBOO, defendants and appellants.
FACTS
On May 7, 1960, in Alitagtag, Batangas, during a town fiesta, Reynaldo de Torres was playing a pingpong ball game at the plaza. Makalahi Reyes, coming from behind, stabbed him in the back. When Reynaldo stood up and turned, Reyes stabbed him again in the right chest. As Reynaldo held Reyes’ hand, Epitacio Aldovino stabbed him from behind. Subsequently, Simeon, Felimon, and Graciano Magboo, also coming from behind, stabbed the victim on the left side of his body before fleeing. Reyes stabbed the victim once more in the abdomen before leaving. The mortally wounded Reynaldo informed a special policeman, Cirilo Castillo, that he was treacherously attacked by Reyes and his gang (Aldovino and the Magboos) before dying en route to the hospital. A post-mortem examination revealed eight stab and incised wounds. The prosecution established a possible motive: about a month prior, the appellants, members of the “Seven Lucky Gang,” believed Reynaldo had stoned them while they were serenading, and on another occasion, Reynaldo had boxed Reyes without retaliation. At trial, Reyes admitted stabbing the deceased but claimed self-defense, while his co-accused relied on alibi, claiming they were in Barrio Mainaga, Mabini (14 km away) cleaning a chapel until around 5:30 PM on the day of the crime. Makalahi Reyes later withdrew his appeal.
ISSUE
Whether the prosecution evidence sufficiently proved beyond reasonable doubt the guilt of appellants Epitacio Aldovino, Simeon Magboo, Felimon Magboo, and Graciano Magboo for the crime of murder.
RULING
Yes. The Supreme Court affirmed the judgment of the trial court finding all appellants guilty of murder. The defense of alibi presented by the appellants was insufficient to overcome the positive identification by prosecution eyewitnesses Gregorio de Torres (the victim’s brother) and Celedonio Castillo, whose testimonies were found credible, vivid, detailed, and corroborated by the nature of the wounds and the victim’s ante-mortem declaration. The Court held that alibi, being easily fabricated, cannot prevail over positive identification. The testimony of Makalahi Reyes claiming sole responsibility and self-defense was not credible, as it was belied by the location of the victim’s wounds (including serious wounds on the back), which corroborated the prosecution’s version of a treacherous attack from behind. The evidence clearly established conspiracy among all accused, who were relatives and members of the same gang, acted with a common criminal design to kill, and employed treachery. The penalty of reclusion perpetua and the award of indemnity were upheld.
