G.R. No. 128379 January 22, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BRANDO RAVANES Y BATTAD, accused-appellant.

FACTS

On the evening of May 1, 1987, Emilito Trinidad, Nelson Trinidad, and Reynante Estipona were on their way to a carnival in Tala, Caloocan City. Accused-appellant Brando Ravanes and companions Budol and Corneng, falsely representing themselves as police officers, frisked the trio, confiscated their wallets, and then herded them to a secluded Nawasa manhole. The victims were undressed, ordered to lie face down, had their hands tied and mouths gagged. Ravanes stepped on Reynante’s neck, poked a gun at him, and uttered threatening words. The victims were then dropped into the manhole, and their tormentors dropped big adobe stones on them. Emilito attempted to climb out but was hit by stones and fell lifeless. Reynante, after being hit on the head and losing consciousness, later regained consciousness, found himself alone, untied himself, and went home for medical treatment. The bodies of Emilito and Nelson were later recovered from the La Mesa Dam. Autopsies revealed Emilito died from asphyxia due to drowning secondary to strangulation, intracranial hemorrhage, and fractured skull, while Nelson had gunshot wounds and lacerations. Ravanes was arrested on January 17, 1991, after a shootout and hostage-taking incident. The Regional Trial Court found Ravanes guilty of two counts of murder and frustrated murder. The Court of Appeals affirmed the conviction but modified the penalty for murder to reclusion perpetua and certified the case to the Supreme Court.

ISSUE

The main issue is whether the conviction of accused-appellant Brando Ravanes for two counts of murder and frustrated murder is proper, considering his defenses of alibi and denial against the positive identification by the prosecution witness.

RULING

The Supreme Court affirmed the conviction. It held that the defenses of alibi and denial are unavailing against the positive identification by prosecution witness Reynante Estipona. For alibi to prosper, the accused must prove he was in another place at the time of the crime and that it was physically impossible for him to be at the scene. Ravanes failed to prove physical impossibility, as the travel time from his alleged location to the crime scene was only forty minutes. The testimony of defense witness Racquelda Gabriola, instead of bolstering the alibi, indicated Ravanes intended to go to Tala on the night of the crime. The Court found no improper motive for Reynante to falsely testify. The killings were qualified by treachery, and abuse of superior strength was absorbed therein. The penalty for each murder is reclusion perpetua. For frustrated murder, applying the Indeterminate Sentence Law, the penalty imposed is four years, two months, and ten days of prision correccional maximum as minimum, to twelve years, six months, and twenty days of reclusion temporal minimum as maximum. Ravanes was also ordered to pay indemnity and funeral expenses to the victims’ heirs.