G.R. No. 213224. January 16, 2017.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROQUE DAYADAY y DAGOOC, Accused-Appellant.

FACTS

Accused-appellant Roque Dayaday was charged with Murder for the killing of Basilio Gallenero. The prosecution presented Alex Gallenero, the victim’s son, who testified that on the evening of October 27, 2005, while he and his father were walking home from a wedding, Roque suddenly shot Basilio four times in the back from a distance of about ten meters. Alex positively identified Roque as the assailant, stating the area was well-lit. He fled and reported the crime. The medical report confirmed the victim died from multiple gunshot wounds and a stab wound.
The defense interposed alibi, presenting witnesses Reynald Dayaday and Dennis Blancada. They testified that on the night of the incident, Roque was with them in a kitchen in the same barangay, preparing food for a wedding from 5:00 PM until 3:00 AM the next day, and never left. The Regional Trial Court convicted Roque of Murder, finding Alex’s positive identification credible and the alibi weak. The Court of Appeals affirmed the conviction.

ISSUE

Whether the Court of Appeals erred in affirming Roque Dayaday’s conviction for the crime of Murder.

RULING

The Supreme Court affirmed the conviction. The Court upheld the factual findings of the lower courts, emphasizing that the assessment of witness credibility is best undertaken by the trial court. The positive identification by eyewitness Alex Gallenero, who had no ill motive to testify falsely, prevails over the defense of alibi. The Court found Alex’s testimony clear and consistent, and his relationship to the victim does not automatically impair his credibility; it may even lend credence as he would naturally seek justice.
Regarding the defense of alibi, the Court ruled it must be established with clear and convincing evidence that the accused was at another place at the time of the crime and that it was physically impossible for him to be at the scene. Here, the defense witnesses themselves placed Roque in the same barangay where the crime occurred, making it not physically impossible for him to have committed it. The alibi, being inherently weak, cannot overcome the positive identification.
Finally, the Court agreed that treachery attended the killing, qualifying it as Murder. The victim was shot repeatedly in the back while walking, rendering him defenseless and unable to retaliate. The manner of attack ensured its execution without risk to the assailant. The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages to ₱100,000.00 each, and awarding temperate damages of ₱50,000.00, all with 6% interest from finality until paid.