G.R. No. 173478 ; July 12, 2007
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DOMINADOR D. SURONGON, Accused-Appellant.

FACTS

The prosecution established that on March 22, 1998, in Antipolo City, 15-year-old Allan Viduya was watching a basketball game with friends Sonny Campita and Ernie Manatlao. The accused-appellant, Dominador D. Surongon, arrived, positioned himself behind the victim, and without warning stabbed him twice in the back with a knife. The victim, after being stabbed, managed to stand and ask for help before being taken to a hospital where he was pronounced dead on arrival. The medico-legal officer confirmed the cause of death was hemorrhage from a stab wound that penetrated vital organs and noted the absence of any defensive wounds, indicating the victim was unaware of the attack.
The defense consisted solely of appellant’s testimony, pleading denial and alibi. He claimed he was at his cousin’s house in a different sitio, engaged in a drinking session from 2:00 p.m. to 5:00 p.m. on the day of the incident, and later traveled to Baguio. He was arrested over two years after the crime. The Regional Trial Court convicted him of Murder qualified by treachery and sentenced him to reclusion perpetua, a decision affirmed by the Court of Appeals with modifications to the civil liabilities.

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for Murder.

RULING

The Supreme Court affirmed the conviction. The positive identification by two eyewitnesses, who were consistent and credible, prevailed over the weak defenses of denial and alibi. For alibi to prosper, the accused must demonstrate 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 the sitios was traversable by jeepney in over half an hour, rendering his alibi untenable.
The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and from behind, employing a method that ensured the victim had no opportunity to defend himself. The location of the wounds and the absence of defensive wounds, as per medico-legal findings, corroborated the execution without risk to the assailant. Thus, the crime is Murder under Article 248 of the Revised Penal Code, warranting reclusion perpetua.
On civil liability, the Court modified the CA decision by awarding temperate damages. While the victim’s mother testified to incurring ₱69,000 in burial expenses without presenting receipts, Article 2224 of the Civil Code allows temperate damages when pecuniary loss is certain but unproven. An award of ₱25,000 as temperate damages was added to the affirmed awards of ₱50,000 civil indemnity, ₱50,000 moral damages, and ₱25,000 exemplary damages.