G.R. No. 101337 August 7, 1996
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENNIE SOTES y CUNAHAP and DEOGRACIAS APE, accused-appellants.

FACTS

On May 18, 1989, during a fiesta dance in Sitio Lawis, Escalante, Negros Occidental, accused-appellant Deogracias Ape entered the dance hall brandishing a revolver. The victim, Virgilio Lumayno, Sr., a volunteer peace-keeper, admonished him, causing Ape to leave. Later, between 1:30 and 2:00 AM on May 19, Ape returned with co-accused Bennie Sotes and an alias “Buroburo.” Sotes and “Buroburo,” armed with long firearms, directly assaulted Lumayno, striking him with their weapons and shooting him multiple times until he died. Ape positioned himself at the gate, aiming his gun at the crowd to prevent any intervention.

ISSUE

Whether the prosecution proved the guilt of accused-appellants Bennie Sotes and Deogracias Ape for the crime of Murder beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The legal logic rests on the positive identification by two credible eyewitnesses, Simplicio Abibas and Flocerfida Sante, whose testimonies were clear, consistent, and corroborative on all material points. The Court emphasized that the trial court’s assessment of witness credibility is accorded great respect and found no reason to overturn it. The defense of alibi proffered by the appellants was correctly rejected as inherently weak and unsubstantiated, especially in light of the positive identification. The qualifying circumstance of treachery was present, as the attack was sudden and deliberate, rendering the victim defenseless. The Court modified the penalty from “life imprisonment” to reclusion perpetua and increased the civil indemnity to P50,000.00 in accordance with prevailing jurisprudence.