G.R. No. 176526; August 8, 2007
PEOPLE OF THE PHILIPPINES, Appellee, vs. JEMUEL TAN and CHARLIE AMAR, Appellants.

FACTS

The appellants, Jemuel Tan and Charlie Amar, along with Mercedes Amar, were charged with the murder of Jessie Dionesio. The prosecution’s eyewitness, Rogelio Cumla, testified that on the evening of June 3, 1992, he saw Mercedes Amar holding the victim from behind while Jemuel Tan twisted the victim’s arms, rendering him immobile. Charlie Amar then stabbed the victim in the chest. Rogelio positively identified the appellants from a distance of six meters under moonlight. The victim’s mother, Celedonia Dionesio, corroborated the incident’s aftermath. The defense presented an alibi, claiming they were inside their house and only rushed out upon hearing a shout for help, finding the victim already wounded. They asserted they assisted the victim and reported the incident to authorities.

ISSUE

The core issue is whether the prosecution proved the guilt of the appellants beyond reasonable doubt for the crime of murder.

RULING

The Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Rogelio Cumla to be clear, credible, and consistent. His positive identification of the appellants, whom he knew personally, under sufficient illumination, prevailed over the appellants’ denial and alibi. The defense of alibi is inherently weak and cannot stand against positive identification. The manner of attack—where the victim was first restrained by his co-accused, making him defenseless—constituted treachery, qualifying the killing to murder. The Court modified the damages awarded. While civil indemnity of ₱50,000 was sustained, the award for funeral expenses was deleted due to lack of receipt. However, nominal damages of ₱10,000 were granted in its stead. Moral damages of ₱50,000 were additionally awarded based on the mother’s testimony of her suffering. The penalty of reclusion perpetua was affirmed.