GR 119757; (May, 1998) (Digest)
G.R. No. 119757 May 21, 1998
People of the Philippines, plaintiff-appellee, vs. Andres Caisip, accused-appellant.
FACTS
Accused-appellant Andres Caisip, a PNP member, was charged with murder for shooting Roger Picaña while the latter was sleeping inside his dwelling on February 20, 1991. The prosecution presented witnesses, including the victim’s brother Cesar Picaña, who testified that he saw accused-appellant holding a long firearm, heard him urge the victim’s wife Genoveva to live with him, threaten to kill the victim, and then calmly shoot the sleeping victim three times. Rebuttal witness Andres Pascasio also positively identified accused-appellant entering the house with a firearm and later hearing a motorcycle start. The victim’s wife initially executed affidavits identifying accused-appellant as the killer but later desisted. The defense presented alibi, claiming accused-appellant was at the Cuyapo Police Station, and denial of any relationship with the victim’s wife or quarrel with the victim. The trial court convicted accused-appellant of murder and sentenced him to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting accused-appellant of murder based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The positive identification of accused-appellant by prosecution witnesses prevailed over his denial and alibi. Denial is a weak defense against positive identification. The alibi failed because accused-appellant did not prove it was highly impossible for him to be at the crime scene, given the 22-kilometer distance was traversable by motorcycle, and the defense witnesses’ testimonies were inconsistent. The killing was attended by treachery (alevosia) as the victim was shot while asleep, unable to defend himself. The aggravating circumstance of dwelling was present, but nighttime was not appreciated as it was not shown to be deliberately sought. Since the crime occurred when the death penalty was suspended, the penalty of reclusion perpetua was proper. The decision of the Regional Trial Court was affirmed.