G.R. Nos. 112070-71. June 29, 1995.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIXTO VIÑAS, SR., et al., accused. SIXTO VIÑAS, accused-appellant.

FACTS

On August 16, 1985, Barangay Captain Pablo Almazan and his brother Justiniano Almazan, Jr. were ambushed while riding a motorcycle in Bula, Camarines Sur. A group of six armed men opened fire, causing the motorcycle to crash. Justiniano was hit in the thigh, while Pablo sustained multiple gunshot wounds. Pablo urged his brother to flee and attempted to return fire. Accused-appellant Sixto Viñas and another assailant then approached the disabled Pablo and stabbed him in the chest, neck, and face, causing his instantaneous death. The assailants, constituting a band, then retreated.
Witness Cipriano Prestado, who was nearby, was approached by Viñas and warned not to report the incident. Initially, out of fear, Prestado did not identify the assailants to authorities. He later returned to testify after learning Viñas was in custody. The defense of alibi was presented, claiming Viñas was working in Quezon City at the time. The trial court convicted Viñas of Murder for Pablo’s death and Frustrated Murder for the attack on Justiniano.

ISSUE

Whether the trial court erred in convicting accused-appellant Sixto Viñas based on the evidence presented, specifically in giving credence to the prosecution witnesses and in appreciating the qualifying and aggravating circumstances.

RULING

The Supreme Court affirmed the conviction. The positive identification by eyewitnesses, particularly Cipriano Prestado, prevails over the weak defense of alibi. The Court explained that alibi must be supported by clear and convincing evidence of physical impossibility to be at the crime scene, which was not established. The witness’s initial reluctance to testify, due to fear of reprisal, is a natural reaction and does not undermine credibility; such delay is common and does not negate the truth of the testimony.
The qualifying circumstance of treachery was correctly appreciated. The attack was sudden, from multiple armed assailants against victims on a motorcycle, ensuring the execution without risk to the attackers from any defense the victims could make. The aggravating circumstance of a band was also properly applied, as more than three armed malefactors acted together in the commission of the crime. The trial court’s factual findings, including the assessment of witness credibility, are accorded great weight and were found to be supported by the evidence on record. The penalties and awards of damages were thus sustained.