G.R. Nos. 129534 & 141169; June 6, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NESTOR MACANDOG, EDDIE MACANDOG, RENATO MACANDOG and BERNARDO IBAÑEZ, accused. NESTOR MACANDOG, accused-appellant.

FACTS

Accused-appellant Nestor Macandog, together with co-accused Eddie Macandog, Renato Macandog, and Bernardo Ibañez, were charged with Frustrated Murder (Criminal Case No. 5985) and Murder (Criminal Case No. 5986) before the Regional Trial Court of Legaspi City. The Informations alleged that on July 19, 1992, in Barangay San Roque, Jovellar, Albay, the accused, armed with long rifles and bolos, conspiring and with intent to kill, shot Emilio Ativo (Frustrated Murder) and shot to death Gloriano Bagamasbad (Murder), with evident premeditation, treachery, and abuse of superior strength. Nestor and Eddie Macandog pleaded not guilty; Renato Macandog and Bernardo Ibañez remained at large.
The prosecution evidence established that at around 8:00 p.m. on July 19, 1992, Emilio Ativo was drinking with Juan Ativo and Gloriano Bagamasbad at Gloriano’s house. A shot hit Emilio’s left face. Emilio saw Eddie Macandog pointing a rifle at him, with Renato Macandog and Bernardo Ibañez standing nearby holding bolos. Two more shots were fired, hitting Gloriano. After the assailants left, Emilio helped the wounded Gloriano walk towards the house of Ederlina Abardo (Gloriano’s sister). While about 7 to 8 meters away, Gloriano identified Nestor Macandog as one of the shooters before Emilio called for help. Ederlina Abardo testified that she heard three gunshots, peeped through her window, and saw Nestor and Eddie Macandog with long firearms and Bernardo Ibañez and Renato Macandog with bolos walking away from Gloriano’s house. She later found Gloriano and Emilio lying wounded. Gloriano told her he was shot by Eddie and Nestor Macandog due to a land dispute, referencing a forcible entry case their mother, Paz Bagamasbad, had won against the Macandogs. Gloriano died about 30 minutes later. Emilio was hospitalized. Dr. Joana Manatlao’s autopsy confirmed Gloriano died from gunshot wounds causing hemorrhagic shock.
The defense presented alibi. Nestor Macandog claimed he was watching betamax at Gabriel Arcangel’s house in Barangay Mercado from 6:00 to 9:00 p.m., that he had not been to Barangay San Roque since 1986 as he was wanted by the NPA, and that the distance between barangays was about six kilometers. Gabriel Arcangel corroborated this. Antonio Arispe of PAGASA testified that on July 19, 1992, Tropical Storm “Ditang” brought rain and low visibility over the area. Emilio Ativo was presented as a hostile witness to confirm his sworn statement to police that he only saw Eddie Macandog with a firearm and Renato Macandog and Bernardo Ibañez with bolos.
The trial court convicted both Nestor and Eddie Macandog. For Frustrated Murder, Nestor was sentenced to an indeterminate penalty (6 years and 1 day of prision mayor as minimum to 12 years and 1 day of reclusion temporal as maximum, considering voluntary surrender), and Eddie was sentenced to an indeterminate penalty (8 years and 1 day of prision mayor as minimum to 14 years, 8 months and 1 day of reclusion temporal as maximum). Both were ordered to indemnify Emilio Ativo P55,000 for medical expenses and P20,000 for loss of income. For Murder, both were sentenced to reclusion perpetua and ordered to indemnify Gloriano Bagamasbad’s heirs P50,000 as civil indemnity, P50,000 as moral damages, and P35,000 for burial expenses.

ISSUE

The primary issue for resolution is the credibility of the prosecution witnesses and the sufficiency of evidence to prove the guilt of accused-appellant Nestor Macandog beyond reasonable doubt for the crimes of Frustrated Murder and Murder, particularly in light of the defense of alibi and the alleged poor weather conditions affecting visibility.

RULING

The Supreme Court affirmed the convictions. The trial court’s assessment of witness credibility is accorded great respect, as it is in a better position to observe demeanor. The positive identification of Nestor Macandog by prosecution witnesses Emilio Ativo and Ederlina Abardo prevails over his alibi. Emilio testified that the wounded Gloriano identified Nestor as one of the shooters. Ederlina testified she saw Nestor and Eddie Macandog with firearms walking from the crime scene. Their testimonies were consistent and credible. The defense of alibi is weak and cannot stand against positive identification; moreover, for alibi to prosper, it must be shown that the accused was so far away that it was physically impossible for him to be at the crime scene. Nestor’s claim that Barangay Mercado was six kilometers from Barangay San Roque did not make his presence at the crime scene impossible. The testimony of the PAGASA weather forecaster regarding poor visibility did not discredit the eyewitness accounts, as the witnesses were familiar with the accused and the area was illuminated by a kerosene lamp from Gloriano’s house. The court found conspiracy among the accused based on their collective armed presence and coordinated actions. The qualifying circumstances of treachery and abuse of superior strength were present, as the attack was sudden and the victims were unarmed against assailants with rifles and bolos. The penalties imposed by the trial court were affirmed.