GR 114263; (March, 1996) (Digest)
G.R. Nos. 114263-64 March 29, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOHN JENN PORRAS and SERGIO EMELO, accused-appellants.
FACTS
Appellants John Jenn Porras and Sergio Emelo were convicted of Murder for the killing of Rosendo Mortel and, in a separate case, Emelo was convicted of Frustrated Homicide for shooting Sgt. Catalino Bermas. The prosecution evidence established that on the evening of June 19, 1990, Porras and Emelo were seen at the Cavite City police station looking for a relative. They later proceeded to the Aroma Beer House where a confrontation with the victim occurred. Witness Maribel German testified she saw Porras shoot Rosendo Mortel at close range, flee, and then return to shoot the prostrate victim twice more. Another witness, Jose Malumay, saw two men, later identified as the appellants, at the scene. After the shooting, Sgt. Catalino Bermas gave chase but was shot by Emelo. The tricycle used in the escape was traced to driver Marcelo Real, who pointed to the appellants as the assailants. Recovered from the tricycle were an ammo pouch and a holster inscribed with Emelo’s name.
ISSUE
The core issue is whether the trial court erred in convicting the appellants based on the alleged inconsistencies in prosecution witness testimonies, the defense of alibi, and the claim that they were not positively identified in court.
RULING
The Supreme Court affirmed the convictions. The alleged inconsistencies in the testimonies of witnesses Jose Malumay and Maribel German were minor and pertained to collateral matters, not affecting their credibility on the essential fact of the appellants’ presence and participation in the crime. The defense of alibi was correctly rejected as it could not prevail over the positive identification made by the prosecution witnesses. The Court held that positive identification, where categorical and consistent, prevails over alibi and denial. The failure to present Cpl. Crisanto de la Cruz was not fatal, as the prosecution is not obligated to present every witness, especially when the testimony would only be corroborative. The testimony of Sgt. Alvarez regarding the recovery of the holster was not hearsay, as it was based on his personal investigative actions. The appellants were positively identified in open court by SPO3 Villegas, who placed them at the police station before the crime, and by eyewitness German, who identified Porras as the shooter. The totality of the evidence established their guilt beyond reasonable doubt.