G.R. No. 119068 July 31, 1997
People of the Philippines, plaintiff-appellee, vs. Dante Castro, Rito Castro, Joel Castro, George Castro and Oscar Castro, accused-appellants.

FACTS

An information was filed charging Dante, Oscar, Rito, Joel, George Castro, Caridad Menor y Castro, and Genesia Garcia y Castro with Murder for the killing of Alfonso Sosia on August 22, 1991, in Amulung, Cagayan. The accused, armed with bolos, a spear, and a gun, allegedly conspired to attack, assault, stab, hack, and shoot the victim. Upon arraignment, all pleaded not guilty. After trial, the Regional Trial Court convicted the five male appellants (Oscar, Dante, Rito, Joel, and George) of Murder, sentencing Oscar to an indeterminate sentence and the others to reclusion perpetua, while acquitting Caridad and Genecia. The appellants challenged the conviction, arguing that the widow Lourdes Sosia’s initial statement to police implicated only Oscar Castro, which should be considered part of the res gestae, and that their alibis should be favored. The prosecution presented eyewitness Clodualdo Escobar, who testified that he and the victim were on their way to a farm when met by the appellants. Oscar Castro hit the victim, after which Dante and George stabbed and hacked him, and Rito shot him with a handgun. The appellants, except Oscar who claimed self-defense, invoked alibi.

ISSUE

Whether the constitutional presumption of innocence of the accused-appellants has been overcome by proof beyond reasonable doubt for the crime of Murder.

RULING

Yes, the presumption of innocence was overcome. The Supreme Court affirmed the conviction with modification. The testimony of eyewitness Clodualdo Escobar and the victim’s widow Lourdes Sosia in court, which implicated all appellants, prevails over any prior inconsistent affidavit. Affidavits are inferior to court testimony as they are often incomplete and inaccurate. The defense of alibi was unconvincing; the trial court found it physically possible for the appellants to be at the crime scene, and rebuttal witnesses placed Dante Castro nearby the day before the killing. Oscar Castro’s claim of self-defense was negated by the number and nature of the victim’s wounds (eight wounds, including a gunshot) and the lack of supporting medical evidence. The Court found implied conspiracy among the closely related appellants, as they acted in concert during the attack. The trial court’s decision was affirmed, but the appellants were additionally ordered to jointly and severally indemnify the heirs of Alfonso Sosia in the amount of P50,000.00.