GR 105964; (November, 1992) (Digest)
G.R. No. 105964 November 4, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RIZALITO DE GUZMAN, ARTURO DE GUZMAN and YSMAEL SEMBRERO, accused. RIZALITO DE GUZMAN, accused-appellant.
FACTS
Accused-appellant Rizalito de Guzman, together with others, was charged with murder for the killing of Carlito Mendoza on January 1, 1988, in Pasay City. Only appellant, Arturo de Guzman, and Ysmael Sembrero were apprehended and pleaded not guilty. The trial court found that around 6:00 p.m. on said date, Carlito Mendoza, accompanied by his sister-in-law Cora Mendoza and sister Ederlin Mendoza, was on his way to his mother-in-law’s house when a group of armed men, including appellant, blocked their way, threw stones, chased, and attacked him. Appellant was positively identified by Cora Mendoza as the one who first stabbed the deceased from behind. Carlito Mendoza sustained fourteen stab wounds and died upon arrival at the hospital. The trial court convicted the accused of murder. Appellant appealed, assigning errors on the credibility of prosecution witnesses and the failure to prove guilt beyond reasonable doubt. The Court of Appeals modified the penalty and certified the case to the Supreme Court for review.
ISSUE
Whether the trial court erred in convicting accused-appellant of murder despite his defense of alibi and alleged inconsistencies in the testimonies of prosecution witnesses.
RULING
The Supreme Court affirmed the conviction. The alleged inconsistencies in the testimonies of prosecution witnesses Cora and Ederlin Mendoza were deemed insignificant and did not affect their positive identification of appellant as one of the assailants. Appellant’s defense of alibi failed because he did not prove it was physically impossible for him to be at the crime scene; the distance between Pasay City and Imus, Cavite, where he claimed to be, was only a 30-45 minute bus ride. Alibi cannot prevail over positive identification. The Court modified the penalty to reclusion perpetua, as murder is punishable by reclusion temporal maximum to death, and with no aggravating or mitigating circumstances, the medium period of reclusion perpetua is applicable. The indemnity to the heirs was increased from P30,000.00 to P50,000.00.