G.R. No. 107458 October 14, 1994
People of the Philippines, plaintiff-appellee, vs. Sgt. Hermes Dalanon, accused-appellant, Godelio Monsales, Salvador Albao alias “Badoy,” (at large) and John Doe, (at large) accused.

FACTS

Sgt. Hermes Dalanon, Godelio Monsales, Salvador Albao alias “Badoy,” and a John Doe were charged with Attempted Robbery with Multiple Homicide for events occurring on or about February 17, 1991, in Barangay Asid, Masbate. The information alleged that the accused, armed with deadly weapons, conspired to commit robbery by demanding money from spouses Rodrigo and Felicidad Rejuso. After being refused, and pursuant to the same conspiracy, they attacked, hacked, and killed Rodrigo, Felicidad, and their children Sheila and Rebecca Rejuso. The aggravating circumstances of rape, dwelling, band, treachery, and craft were alleged. Salvador Albao and John Doe remained at large. Godelio Monsales escaped during trial and was later found dead. Only accused-appellant Dalanon appealed his conviction.
The prosecution’s case rested principally on the testimony of the lone survivor, Oliver Cervantes, a househelper of the Rejuso family. Cervantes testified that at around ten o’clock in the evening of February 17, 1991, he saw accused-appellant Dalanon, in fatigue uniform with a pistol, talking to Rodrigo Rejuso in the balcony. On the ground, he saw Salvador Albao, Godelio Monsales, and an unidentified person, all armed with long guns. Albao requested water and then, once inside, the accused ordered the family and Cervantes to lie face down. Their hands were tied. Albao demanded money from Felicidad, who said they had none. An infuriated Albao struck Felicidad with a bolo. Meanwhile, accused-appellant Dalanon ordered Rebecca to sit in front of him and sexually molested her. Rodrigo and then Felicidad were taken downstairs by Albao and Monsales, where Cervantes heard “chopping sounds.” When Cervantes was brought down, he saw the dead bodies of Rodrigo and Felicidad, fled, was shot at, but escaped. He reported the incident to authorities and later identified accused-appellant Dalanon and Monsales in a police line-up.
The defense, presented by accused-appellant Dalanon, claimed he was at Nabungsuran, fifty-two kilometers away, escorting Engr. Jaime Bravo and his family on the night of the crime. This was corroborated by defense witness Bella Dalanon Panes Bravo and the testimony of the late Godelio Monsales.
The Regional Trial Court convicted accused-appellant Dalanon and Godelio Monsales of Attempted Robbery with Multiple Homicide, sentencing them to reclusion perpetua and ordering them to pay indemnity to the victims’ heirs.

ISSUE

The core issue is the credibility of witnesses, specifically whether the prosecution witness Oliver Cervantes positively and credibly identified accused-appellant Dalanon as one of the perpetrators of the crime, thereby overcoming the defense of alibi.

RULING

The Supreme Court affirmed the conviction of accused-appellant Dalanon. The Court gave credence to the positive, clear, and credible testimony of prosecution witness Oliver Cervantes, who withstood voir dire and provided a consistent account of the crime, including his identification of accused-appellant. The defense of alibi was rejected as it could not prevail over the positive identification of the accused. The Court found no reason to disturb the trial court’s findings on credibility, as it was in a better position to observe the witnesses’ demeanor. The decision of the lower court was upheld.