G.R. No. 173791 April 7, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. PABLO AMODIA, Accused-Appellant.

FACTS

Accused-appellant Pablo Amodia, together with three other accused at large, was charged with Murder for the killing of Felix Olandria y Bergaño on November 26, 1996, in Makati City. The Information alleged that the accused, conspiring and confederating, armed with a piece of wood and a bladed weapon, and taking advantage of superior strength, attacked the victim by beating him on the head and stabbing him repeatedly, causing his death. Pablo Amodia pleaded not guilty. The prosecution presented two eyewitnesses, Romildo Ceno and Luther Caberte, who testified that they saw Pablo Amodia, Damaso Amodia, George Palacio, and Arnold Partosa ganging up on the victim under the C-5 Bridge, which was illuminated by a lamppost. Romildo specifically saw Pablo holding the victim’s right hand while Arnold held the other, George clubbed the victim on the head, and Damaso stabbed him three times. Luther corroborated seeing Pablo holding the victim’s hand while Damaso stabbed him. The autopsy report by Dr. Antonio Bertido confirmed the victim died from hemorrhage secondary to three stab wounds. The defense relied on alibi, with Pablo claiming he was at his sister’s house taking care of his brother’s children at the time of the incident, and was later visited by his brother Damaso who said they were in trouble and were leaving. The defense was supported by testimonies from his sister Elma and brother Elias. The prosecution presented a rebuttal witness, Amelita Sagarino, who testified about neighborhood knowledge of the incident and Pablo’s alleged presence at the wake. The Regional Trial Court convicted Pablo Amodia of murder as a principal by conspiracy and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction with modifications to the damages.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant Pablo Amodia for the crime of murder beyond reasonable doubt.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the decision of the Court of Appeals with MODIFICATION. The Court held that the prosecution successfully established Pablo Amodia’s guilt beyond reasonable doubt. The positive identification by two credible eyewitnesses, who had no ill motive to testify falsely and who knew the accused and the victim as neighbors, prevailed over the defense of alibi. The Court found the testimonies of Romildo Ceno and Luther Caberte clear, consistent, and credible, detailing Pablo’s active participation in holding the victim while he was being stabbed. The qualifying circumstance of abuse of superior strength was duly proven, as four armed assailants cooperated to overpower the lone, unarmed victim. The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages to ₱75,000.00 each, and awarding temperate damages of ₱25,000.00 in lieu of actual damages, plus interest on all damages at 6% per annum from finality of judgment until fully paid.