GR 132353; (March, 2001) (Digest)
G.R. No. 132353 ; March 5, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO IBO, accused-appellant.
FACTS
On December 31, 1995, at around 7:00 PM, Librado Pael was having supper with his family in their kitchen in Barangay Sta. Agueda, Pamplona, Negros Oriental. The kitchen was illuminated by a petromax lamp. Suddenly, Librado was shot multiple times. His son, Cristobal, immediately arose and saw accused-appellant Alfredo Ibo at a small kitchen exit. Cristobal and his mother, Martina, both witnessed Ibo fire more shots at Librado, who was already wounded and falling. Librado died from hemorrhagic shock secondary to five gunshot wounds. The defense presented an alibi, claiming Ibo was at a New Year’s party approximately three kilometers away during the incident.
ISSUE
The core issues were: (1) whether the prosecution witnesses positively and credibly identified Ibo as the perpetrator, and (2) whether the defense of alibi should prevail over this identification.
RULING
The Supreme Court affirmed the conviction for murder. The Court upheld the trial court’s finding that the prosecution witnesses provided positive and credible identification. Cristobal and Martina Pael had a clear view of the assailant from a short distance under sufficient illumination from the petromax lamp. Their testimonies were consistent and detailed regarding Ibo’s actions. The Court dismissed the alleged inconsistencies, such as Cristobal’s initial affidavit referring to an “unknown” assailant, finding them satisfactorily explained. Cristobal testified he was advised by a relative to initially withhold Ibo’s name to prevent him from evading arrest. The defense of alibi was correctly rejected, as it could not prevail over the positive identification. Furthermore, the qualifying circumstance of treachery was present. The attack was sudden and unexpected, executed in a manner that ensured the victim had no opportunity to defend himself, thereby qualifying the killing as murder. The penalty of reclusion perpetua was properly imposed.