GR 135331; (November, 2000) (Digest)
G.R. No. 135331 ; November 23, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOEMAR PALEC, RONNIE PALEC alias “GIROM” and ARNEL CAMINOY, accused. JOEMAR PALEC and RONNIE PALEC alias “GIROM”, accused-appellants.
FACTS
The accused, Joemar Palec, Ronnie Palec, and Arnel Caminoy, were charged with Murder for the killing of Floro Batoy on April 27, 1994, in Calinog, Iloilo. The prosecution presented eyewitnesses Alvin Suede and Melchor Molina, who testified that while walking with the victim at night, the three accused emerged from tall grasses beside the road. Joemar pointed a gun at the back of Floro’s head while Ronnie held the victim’s hand, and Arnel stood behind with a knife. The witnesses, illuminated by a flashlight, saw Joemar shoot Floro, heard a command to stab him, and then fled in fear. The medico-legal report confirmed a close-range shotgun wound to the head and multiple fatal stab wounds, indicating an attack from behind.
In their defense, appellants Joemar and Ronnie interposed alibi. Ronnie claimed he was at home severely ill with typhoid fever on the night of the crime, a fact corroborated by Barangay Captain Norma Padura and Dr. Juan Masna, who testified to treating him at his residence around 6:00 p.m. Joemar, through witness Joel Bancuyo, claimed he was at a fair in Leganes, Iloilo. The trial court convicted appellants of Murder qualified by treachery and sentenced them to reclusion perpetua to death, prompting this appeal.
ISSUE
Whether the guilt of accused-appellants Joemar Palec and Ronnie Palec for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua and reduced the actual damages. The Court found the positive identification by eyewitnesses Suede and Molina credible and sufficient to overcome the defenses of alibi. The witnesses had a clear view of the incident by flashlight, knew the appellants beforehand, and their testimonies were consistent and corroborated by the physical evidence. The medical findings that the fatal wounds were inflicted from behind supported the eyewitness account of a sudden and unexpected attack.
The defense of alibi was inherently weak. For alibi to prosper, the accused must prove not only their presence elsewhere but also the physical impossibility of being at the crime scene. Ronnie’s claim of illness did not establish this impossibility, as his residence was not shown to be so far from the crime scene as to preclude his presence. The trial court’s assessment of witness credibility is accorded great respect. The manner of attack—sudden, from behind, on an unarmed and unsuspecting victim—constituted treachery, qualifying the killing as Murder. However, with no aggravating circumstances, the proper penalty is reclusion perpetua, not the death penalty. The award of actual damages was reduced to the amount substantiated by receipts.