GR 76951; (May, 1993) (Digest)
G.R. No. 76951 May 25, 1993
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARMANDO MAESTRO, LANTOY REAL, NESTOR REAL, DEONY RUADO AND QUIDONG RUGA, accused. LANTOY REAL, accused-appellant.
FACTS
On the evening of May 20, 1984, Rudy Rivas and his daughter Divina Reyes left a wedding celebration in Buri, Mandaon, Masbate. While walking home, Rudy stopped to relieve himself under a guava tree. Five men, armed with a scythe and bolos, stabbed him to death. Divina, from a distance of five meters, witnessed the attack and identified the assailants as Armando Maestro (who inflicted the first wound), Lantoy Real, Nestor Real, Deony Ruado, and Quidong Ruga. Divina reported the incident to her uncle and mother. The prosecution established a possible motive, as Rudy had previously testified against some of the accused in a theft case. The accused, including appellant Lantoy Real, presented alibis, claiming they were fishing at Balud Sea at the time of the crime. The trial court convicted Armando Maestro, Lantoy Real, and Deony Ruado of murder qualified by treachery, sentencing them to reclusion perpetua and ordering them to pay indemnity and damages. Lantoy Real appealed, challenging the credibility of eyewitness Divina Rivas.
ISSUE
The primary issue is whether the trial court erred in convicting appellant Lantoy Real of murder based on the eyewitness testimony of Divina Rivas, despite the defense’s challenges to her credibility and its presentation of alibi.
RULING
The Supreme Court affirmed the conviction. The Court held that the positive identification by eyewitness Divina Rivas, who testified in a straightforward manner and had no motive to falsely testify, prevailed over the weak defense of alibi. The Court found that Divina could have witnessed the crime despite the darkness, as her eyes had adjusted to the night, and the distance of five meters allowed for recognition. The alibi failed because the distance between the crime scene and Balud Sea was not physically insurmountable, being negotiable by pumpboat within thirty minutes. The killing was qualified by treachery (alevosia) because the victim was attacked without opportunity to defend himself while answering a call of nature, and by several persons. The penalty of reclusion perpetua was appropriate. The Court modified the award by increasing the civil indemnity to P50,000.00.