GR 130944; (January, 2000) (Digest)
G.R. No. 130944 . January 18, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE ALIB, ROGER ALIB, FREDDIE ALIB, JIMMY ALIB and ALEJANDRINO DITCHON, accused-appellants.
FACTS
Accused-appellants Vicente, Roger, Freddie, and Jimmy Alib, along with Alejandrino Ditchon (at large), were charged with Murder for the killing of Wilson Calapan. The prosecution evidence established that on August 20, 1996, a drunken Vicente Alib challenged the Calapan family to a fight outside their home. When Wilson Calapan intervened to escort his uncle Vicente home, he was suddenly grabbed by Freddie and Roger. Vicente then hacked Wilson on the head with a bolo, while Jimmy struck him with a piece of wood. Freddie attempted to shoot Wilson but missed as the victim fell. Wilson’s father, Juanito, who rushed to help, was hacked by Roger. Wilson died from his injuries.
Vicente Alib admitted the killing but claimed self-defense, alleging that Wilson and Juanito, armed with a bolo and cane cutter, waylaid and attacked him first, forcing him to retaliate. His testimony was corroborated by witness Luz Flor. The other accused interposed alibi, claiming they were at their respective homes during the incident.
ISSUE
Whether the trial court erred in convicting accused-appellants of Murder qualified by treachery and conspiracy, and in rejecting their defenses of self-defense and alibi.
RULING
The Supreme Court affirmed the conviction. The trial court’s findings on witness credibility are accorded high respect and were not shown to be flawed. For self-defense, the burden of proof lies with the accused to establish unlawful aggression by the victim, reasonable necessity of the means employed, and lack of sufficient provocation. The Court found no unlawful aggression from Wilson, who was merely attempting to pacify his drunken uncle. The sudden and coordinated attack by the group, wherein Wilson was restrained before being hacked, negated any self-defense claim and instead established conspiracy and treachery. The means employed were excessive, and the claim of initial aggression by the victim was not credible. The defense of alibi was weak and could not prevail over the positive identification by prosecution witnesses. The crime is Murder qualified by treachery. The penalty of reclusion perpetua was affirmed for Vicente, Roger, and Freddie Alib. For Jimmy Alib, a minor, his suspended sentence under P.D. 603 was upheld. The appellants were also ordered to pay civil indemnity and actual damages.