GR 119621; (May, 2000) (Digest)
G.R. No. 119621 May 12, 2000
People of the Philippines, plaintiff-appellee, vs. Romulo Avillana y Catascan, accused-appellant.
FACTS
The accused, Romulo Avillana, was charged with the murder of Andresito Sinsoro. The prosecution’s eyewitness, Arnold Fabello, testified that on the evening of May 19, 1992, while he, the victim, and another companion were walking, the accused suddenly approached from behind and stabbed Sinsoro in the chest with an 8-inch knife. The locus criminis was well-lighted, enabling Fabello to clearly identify the assailant. After the stabbing, Fabello escaped and later reported the incident to the victim’s wife and the police. The defense presented an alibi, claiming Avillana was at a different location that evening, having been involved in a separate altercation and later staying at a friend’s house until morning. This alibi was corroborated by two witnesses.
ISSUE
Whether the guilt of the accused-appellant for the crime of murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment crediting the testimony of the sole prosecution eyewitness, Arnold Fabello. His testimony was found to be consistent, straightforward, and given by a witness with no ill motive against the accused. The well-lighted area of the crime scene further bolstered the reliability of his positive identification. The defense of alibi, though corroborated, must yield to positive identification. For alibi to prosper, the accused must demonstrate not only his absence from the scene but also the physical impossibility of his presence. The accused himself admitted that the distance between his alleged location and the crime scene was only one kilometer, a readily traversible distance that negated any impossibility of his presence. The qualifying circumstance of treachery was correctly appreciated as the attack was sudden and from behind, depriving the victim of any chance to defend himself. The penalty of reclusion perpetua and the awards for civil indemnity and moral damages were sustained. However, actual damages were reduced to only the amount substantiated by receipts, totaling P15,233.24.