G.R. No. 191759 , March 02, 2020
People of the Philippines, Plaintiff-Appellee, vs. Gerald Moreno y Tazon, Accused-Appellant.

FACTS

An Information was filed charging Gerald Moreno y Tazon with Murder for the stabbing death of Cecil Mijares y Leocadio on November 16, 2001, in Manila, with treachery and evident premeditation. The prosecution’s version, based primarily on the testimony of the victim’s wife, Adelriza Mijares, was that she was awakened when a hard object hit her head; she then saw a man, whom she later identified as the appellant, leap onto their bed and repeatedly stab her husband. The victim managed to kick the assailant out and close the door before collapsing. The police investigation revealed broken window jalousies at the crime scene. Based on a tip from a neighbor and Adelriza’s subsequent positive identification at the police station, appellant was arrested. The defense interposed denial and alibi, claiming appellant was asleep at his nearby house at the time, was awakened by a commotion, and only assisted in carrying the victim to a taxi. His mother and brother corroborated his alibi. The Regional Trial Court found appellant guilty of Murder, qualified by treachery, and sentenced him to Reclusion Perpetua, ordering him to pay damages. The Court of Appeals affirmed the RTC decision.

ISSUE

Whether the trial court committed reversible error in finding that the prosecution proved appellant’s guilt beyond reasonable doubt.

RULING

The appeal has no merit. The Supreme Court affirmed the conviction. The positive, categorical, and credible testimony of the eyewitness, Adelriza Mijares, prevails over the weak defenses of denial and alibi. For alibi to prosper, the accused must prove it was physically impossible to be at the crime scene; appellant’s admission that only a wall separated his house from the victim’s negated this. Corroboration by his relatives is afforded less probative weight. Minor inconsistencies in the eyewitness’s testimony regarding immaterial details do not undermine her credibility on the core fact of identification. The lack of a police line-up does not invalidate the identification, as it is not indispensable. Any objection to an alleged illegal arrest was waived for not being raised before arraignment. The qualifying circumstance of treachery was duly proven, as the attack was sudden and from behind, depriving the victim of any chance to defend himself. The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages to PHP100,000.00 each, awarding PHP50,000.00 as temperate damages, and deleting the awards for unearned income and attorney’s fees for lack of basis.