GR 76953; (April, 1991) (Digest)
G.R. No. 76953 ; April 22, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PONCIANO MANDAPAT, accused-appellant.
FACTS
Accused-appellant Ponciano Mandapat, a policeman, was convicted of murder for the 1977 shooting of Crispula Nonan. The prosecution’s case rested primarily on the eyewitness account of Maria Razo-Montemayor, who testified that she saw Mandapat hold the victim’s hair and shoot her in the head. The physical evidence included a ballistics report concluding that a slug recovered from the victim’s body was fired from Mandapat’s service revolver.
The defense presented alibi, claiming Mandapat was on night patrol until 4:00 a.m. and was sleeping in police barracks at the time of the morning shooting. His testimony was corroborated by a fellow officer. The defense challenged Montemayor’s credibility, noting she testified years after the incident and was not an original witness, and argued the ballistic evidence was doubtful.
ISSUE
Whether the trial court erred in convicting the accused despite his defense of alibi and challenges to the credibility of the eyewitness and the ballistics evidence.
RULING
The Supreme Court affirmed the conviction, upholding the trial court’s factual findings. The Court emphasized the well-settled rule that appellate courts accord the highest respect to the trial court’s assessment of witness credibility, as it is in the best position to observe demeanor. Montemayor’s delayed testimony was justified by her mortal fear of the accused, a policeman, and the fact that the barangay captain was the accused’s father. Her natural reticence and fear of reprisal, especially after another potential witness was killed, were understandable and did not impair her credibility.
The defense of alibi was correctly rejected. For alibi to prevail, the accused must prove it was physically impossible for him to be at the crime scene. Mandapat admitted the police barracks were only three kilometers from the victim’s house, with a shortcut reducing the distance to one kilometer. This proximity did not preclude his presence at the crime scene. Positive identification by a credible witness renders alibi unavailing and the lack of established motive inconsequential. The ballistics evidence, provided by the NBI expert, further corroborated the eyewitness account. The penalty was modified from death to life imprisonment in accordance with the Constitution.