G.R. No. 121204 December 2, 1999
People of the Philippines vs. Pacifico Barellano @ “Junior”

FACTS

The prosecution established that on the evening of August 14, 1993, Epifanio Cabales and friends were drinking tuba in Barangay Tigbao, Matalom, Leyte. Prosecution witness Felix Timkang testified that accused-appellant Pacifico Barellano approached Cabales from behind and shot him in the head with a .38 revolver. As the victim lay face up, Barellano fired a second shot hitting his upper lip, walked away, and then fired a third shot in the air. The autopsy confirmed two fatal gunshot wounds to the head as the cause of death.
The accused-appellant interposed the defense of alibi. He claimed he was at his in-laws’ house in Sitio Victory on the night of the crime, attending a cockfight earlier in the day and subsequently engaging in a drinking spree until the early morning hours. He denied being at the crime scene or knowing the victim and the prosecution witnesses.

ISSUE

The core issue is whether the defense of alibi can prevail over the positive identification of the accused by an eyewitness to the crime.

RULING

The Supreme Court affirmed the conviction. The Court reiterated the settled doctrine that alibi is inherently weak and cannot prevail over the positive and categorical identification of the accused by a credible eyewitness. The prosecution witness, Felix Timkang, provided a clear and consistent account of the shooting, identifying Barellano as the assailant. The Court found no ill motive for Timkang to falsely testify.
The defense’s arguments regarding the lack of corroboration for Timkang’s testimony and the non-presentation of other witnesses were unavailing. The testimony of a single witness, if positive and credible, is sufficient to sustain a conviction. The trial court correctly gave weight to the prosecution’s evidence. Consequently, the Court upheld the judgment finding Pacifico Barellano guilty of Murder and sentencing him to Reclusion Perpetua, with corresponding damages.