GR 141259; (July, 2003) (Digest)
G.R. No. 141259 ; July 18, 2003
The People of the Philippines, appellee, vs. Lambertino Prieto, appellant.
FACTS
On the night of July 4, 1995, spouses Geraldo and Dulcesima Prieto were asleep in their Danao City home when they were awakened by a voice calling to buy spices. Dulcesima recognized the voice as that of her nephew, appellant Lambertino Prieto. Despite her warning, Geraldo opened the door. Appellant, with a handkerchief covering his mouth and armed with a knife, immediately barged in and stabbed Geraldo multiple times. During the struggle, the handkerchief fell, allowing Dulcesima to positively identify appellant. A neighbor, Felix Capuno, responding to cries for help, saw two men jump from the house and, with the aid of his flashlight, recognized the second man as appellant. The gravely wounded Geraldo was carried towards the hospital but died en route, having told his wife and a nephew that appellant stabbed him.
The defense presented an alibi, claiming appellant was in Lapu-Lapu City, over 30 kilometers away, attending a wake and could not have been at the crime scene. Appellant and his witnesses testified he was at the wake from 6:00 PM until midnight. The trial court rejected this defense and convicted appellant of murder qualified by treachery, sentencing him to reclusion perpetua.
ISSUE
The core issue is whether the prosecution proved appellantβs guilt for the crime of murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The positive identification by eyewitness Dulcesima Prieto, who knew appellant well and saw his face when the mask fell, was given full credence. Her testimony was corroborated by neighbor Felix Capuno, who saw appellant fleeing the scene. The Court found their testimonies clear, consistent, and credible, outweighing the weak alibi. For an alibi to prosper, the accused must prove not only his presence elsewhere but also the physical impossibility of being at the crime scene. Appellant failed to do so, as the distance between Lapu-Lapu City and Danao City was not insurmountable, especially by vehicle.
The killing was correctly qualified as murder due to treachery. The attack was sudden and unexpected, executed in a manner that denied the unarmed victim any chance to defend himself. The Court also affirmed the presence of the aggravating circumstance of dwelling, as the attack was perpetrated in the victim’s home without provocation. The penalty of reclusion perpetua was upheld. The damages awarded were modified to P50,000 civil indemnity, P50,000 moral damages, and P25,000 exemplary damages.
