G.R. No. 214757. March 29, 2017.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. TIRSO SIBBU, Accused-Appellant.

FACTS

The accused-appellant, Tirso Sibbu, was charged with one count of attempted murder and three counts of murder. The charges stemmed from a shooting incident on December 6, 2004, in Brgy. Elizabeth, Marcos, Ilocos Norte. The prosecution alleged that Sibbu, wearing a bonnet and camouflage uniform and armed with a .30 caliber carbine, together with co-accused Benny Barid and others, fired upon the Julian family at their home. The attack resulted in the deaths of Trisha May Julian, Ofelia Julian, and Warlito Julian. Bryan Julian survived the attempt on his life. Prosecution witness Bryan Julian positively identified Sibbu as the gunman, testifying he clearly saw Sibbu’s face when the latter adjusted his bonnet under the illumination of Christmas lights. Another witness, Eddie Bayudan, corroborated the presence of armed men, identifying co-accused Benny Barid. The defense consisted of denial and alibi, with Sibbu’s in-laws testifying he was at home two kilometers away during the incident.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crimes of murder and attempted murder beyond reasonable doubt, particularly overcoming his defense of alibi with positive identification.

RULING

The Supreme Court affirmed the conviction. The Court upheld the positive identification made by eyewitness Bryan Julian, which was clear, consistent, and credible. The Court found that the illumination from the Christmas lights provided adequate visibility, and there was no improper motive for Bryan to falsely testify. The defense of alibi was correctly rejected as it was not physically impossible for Sibbu to be at the crime scene given the proximity of two kilometers. For the three murder charges, the qualifying circumstance of treachery was present as the victims were unarmed and seated on their porch, suddenly attacked with a rifle, depriving them of any chance to defend themselves. The Court also affirmed the presence of the generic aggravating circumstances of dwelling and nighttime, which were alleged in the informations and duly proven. For the attempted murder of Bryan Julian, the Court found that all elements were present, including the accused’s commencement of the crime by overt acts (firing the weapon) which were not completed due to a cause independent of his will (missing the victim). The penalties and damages awarded by the lower courts were sustained.