GR 120548; (October, 2001) (Digest)
G.R. No. 120548; October 26, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSELITO ESCARDA, JOSE VILLACASTIN JR., HERNANI ALEGRE, and RODOLFO CAÑEDO, accused, JOSE VILLACASTIN, JR., accused-appellant.
FACTS
The accused, including appellant Jose Villacastin Jr., were charged with violating the Anti-Cattle Rustling Law (Presidential Decree No. 533) for allegedly stealing two carabaos valued at P5,000 from Joel Barrieses on July 29, 1987, in Sagay, Negros Occidental. The prosecution presented eyewitness Dionesio Himaya, who testified that at around 2:00 a.m., he saw Villacastin and his group cut the cyclone wire of the corral, untie the carabaos, and ride them away. Himaya identified Villacastin and co-accused Joselito Escarda. Rosalina Plaza corroborated the report of the theft. The defense consisted of alibis, with both Escarda and Villacastin claiming they were asleep elsewhere during the incident and alleging they were maltreated into confessing.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused, particularly appellant Jose Villacastin Jr., for the crime of cattle rustling beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Dionesio Himaya to be credible, positive, and consistent. Himaya had a clear view of the incident from a short distance (four arms length) and was able to identify the appellant. The defense of alibi was correctly rejected by the trial court as it was not physically impossible for Villacastin to have been at the crime scene. Alibi is inherently weak and cannot prevail over the positive identification of the accused. The Court also upheld the trial court’s appreciation of the generic aggravating circumstances of nighttime, recidivism, and unlawful entry, which were duly proven. However, the Court modified the penalty. Applying the Indeterminate Sentence Law, and considering P.D. 533 prescribes prision mayor maximum to reclusion temporal medium for non-violent cattle rustling, the proper indeterminate sentence was set at twelve (12) years of prision mayor as minimum to twenty (20) years of reclusion temporal as maximum. The civil indemnity of P5,000 was affirmed.