GR 111286; (February, 2000) (Digest)
G.R. No. 111286 February 17, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMIL DACIBAR and WARLITO DICON, accused-appellants.
FACTS
On the evening of September 5, 1991, Josue Bacalangco was inside his house in Maayon, Capiz when he was fatally shot. His wife, Welda, who was present, heard the gunshot and then saw appellants Warlito Dicon and Ramil Dacibar emerge from under their house. She testified that Dicon was stooping and carrying a long firearm, while Dacibar was armed with a bolo. Their daughter, Riza, who was in the kitchen, also heard the shot and similarly saw the two appellants coming from beneath the house, confirming Dicon held a gun and Dacibar a bolo. The victim died before he could be brought to a hospital. Appellants were charged with Murder, qualified by treachery and abuse of superior strength, and aggravated by nighttime and dwelling.
ISSUE
The core issue is whether the prosecution proved the guilt of appellants beyond reasonable doubt, particularly challenging the credibility of the eyewitness testimonies and the trial court’s rejection of the defense.
RULING
The Supreme Court affirmed the conviction. The Court found the testimonies of Welda and Riza Bacalangco to be credible, consistent, and positive. Both witnesses had a clear view of the appellants immediately after the gunshot, as the area was illuminated by a fluorescent lamp. The defense of alibi proffered by Dicon was weak and uncorroborated, failing to meet the requirement of proving physical impossibility of being at the crime scene. The Court upheld the finding of conspiracy, as the acts of Dicon in shooting the victim and Dacibar in providing armed support indicated a common purpose to kill. The qualifying circumstance of treachery was properly appreciated because the attack was sudden and from an unseen position beneath the house, depriving the victim of any chance to defend himself. The Court modified the damages awarded, ordering appellants to jointly and severally pay the heirs P50,000 as civil indemnity, P29,000 as actual damages, P30,000 as moral damages, and P20,000 as exemplary damages due to the aggravating circumstance of dwelling.