G.R. Nos. 105959-60 October 12, 1993
People of the Philippines, plaintiff-appellee, vs. Bobby Sencil, Rolito Marinay, Liberato Prieto, and Several John Does, accused-appellants.

FACTS

Two Informations were filed against Bobby Sencil, Rolito Marinay, Liberato Prieto, and several John Does for Murder and Acts of Lasciviousness. The crimes occurred around 3:00 a.m. on December 29, 1989, in Barangay Malibangcao, Clarin, Misamis Occidental. The prosecution’s main witness, Annabelle Bagayo, testified that she was awakened by a gunshot and a shout. She saw a group of nine armed men, including the three accused-appellants, in fatigue uniforms. They dragged her, kissed her, and touched her private parts. They forced her to lead them to the house of Francisco Evangelista (the victim) and to wake him. Accused-appellant Marinay ordered her to tell the victim they were going to rob him. As she brought the victim towards Marinay, the latter shot the victim fatally. Annabelle later positively identified the three accused-appellants in police line-ups. The accused-appellants denied the charges, claiming they were in Malibangcao the following morning to verify the death of another person and subsequently voluntarily surrendered when they learned they were suspects. The trial court convicted them.

ISSUE

Whether the trial court erred in convicting the accused-appellants based on the credibility of the prosecution’s evidence, particularly the identification by Annabelle Bagayo, and in rejecting the accused-appellants’ defenses of denial and alibi.

RULING

The Supreme Court affirmed the trial court’s decision. The Court upheld the credibility of Annabelle Bagayo’s positive identification of the accused-appellants, noting the trial court’s superior position to assess witness credibility. The Court found her testimony detailed and firm, as she had sufficient time to observe the accused-appellants during the prolonged incident. The defenses of denial and alibi were rejected. Denials, being self-serving and unsubstantiated, cannot prevail over positive identification. For alibi to prosper, it must be shown that it was physically impossible for the accused to be at the crime scene, which was not demonstrated. The delay in Annabelle’s execution of affidavits was justified for her safety, and any inconsistencies in her sworn statement were minor and did not affect her credible in-court testimony. The accused-appellants were found guilty beyond reasonable doubt of Murder, qualified by treachery and aggravated by nighttime, and Acts of Lasciviousness, aggravated by superiority of strength and nighttime, with the mitigating circumstance of voluntary surrender applied in both. The penalties imposed by the trial court were affirmed.