GR 115251; (October, 2000) (Digest)
G.R. Nos. 115251-52; October 5, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOHN DEE y OFIDO and ALEX SALANGA y VALDEZ, accused-appellants.
FACTS
During a town fiesta in Mangaldan, Pangasinan, on March 6, 1992, victims Romeo Blaquer and Jesus Malanum, who had been drinking, entered an open-air movie theater. Without any provocation, they were suddenly attacked by two knife-wielding individuals. Blaquer was stabbed in the arm and back, while Malanum was stabbed multiple times. Blaquer managed to flee, but looked back to see the assailants, with the help of five others, lift Malanum and hurl him over the theater fence. Malanum was pronounced dead on arrival at the hospital due to hypovolemic shock from multiple stab wounds.
During police investigation, Blaquer initially did not know the names of the attackers but positively identified appellants John Dee and Alex Salanga from a group picture of theater employees. Another eyewitness, Saturnino Paroche, who was near the incident, corroborated the account and identified Salanga in court. The prosecution charged appellants with Murder for the death of Malanum and Frustrated Murder for the wounding of Blaquer. The defense presented alibi, claiming they were in a different town playing a carnival game at the time.
ISSUE
Whether the prosecution proved the guilt of the appellants for Murder and Frustrated Murder beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the convictions. The positive identification by two eyewitnesses, Blaquer and Paroche, who were consistent and credible, prevails over the weak defense of alibi. The Court found no ill motive for the witnesses to falsely testify. The defense of alibi was properly rejected as it was not physically impossible for the appellants to have been at the crime scene, given the proximity of the locations involved. The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and unexpected, employing means that ensured the execution of the crime without risk to the assailants from any defense the unarmed and unsuspecting victims could make. This manner of attack qualifies the killing as Murder. The same treacherous attack, which did not result in Blaquer’s death only due to timely medical assistance, constitutes Frustrated Murder. The trial court’s decision was affirmed in toto.
