G.R. No. 138975. January 29, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX MADERAS, accused-appellant.

FACTS

On October 7, 1985, Salvador Montefrio, his son Gil, and his brother Eleuterio were traveling to the Maasin poblacion. While on the road in Sitio Bungol, Salvador was ambushed by four armed men. Both Gil and Eleuterio, who were positioned a short distance away, witnessed the shooting and positively identified the appellant, Felix Maderas, and his brother Enrique among the assailants. The attackers fired from a hilly area about ten armslength from the road. Salvador died from multiple gunshot wounds. The appellant interposed the defense of alibi, claiming he was in Passi, Iloilo, selling sawali from September 15 until late November 1985 and only learned of the killing upon a companion’s return from Maasin.

ISSUE

The primary issue is whether the Court of Appeals correctly convicted the appellant of Murder, modifying the trial court’s finding of Homicide, and whether the appellant’s defense of alibi can prevail over the positive identification by prosecution witnesses.

RULING

The Supreme Court affirmed the conviction for Murder and the penalty of reclusion perpetua. The Court found the positive identification by eyewitnesses Gil and Eleuterio to be credible, consistent, and categorical. They had a clear view of the appellant, whom they knew, and there was no evidence of improper motive for their testimony. The defense of alibi was correctly rejected as it was not physically impossible for the appellant to have been at the crime scene. The Court also upheld the qualifying circumstance of treachery. The attack was sudden and from an elevated position, giving the victim no opportunity to defend himself. The number and location of the fatal wounds confirmed the deliberate manner of the assault. The civil indemnity awarded by the appellate court was sustained.