G.R. No. 88042 November 13, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO SAGADSAD, JESUS ATENDIDO, OSIAS ATENDIDO, RAMON ATENDIDO, accused-appellants.

FACTS

Accused-appellants Gregorio Sagadsad, Jesus Atendido, Osias Atendido, and Ramon Atendido, along with Manuel and Aliner Atendido (at large), were charged with Murder for the killing of Alicio Bulan on April 16, 1981, in Barangay Matugnao, Palanas, Masbate. The information alleged conspiracy, evident premeditation, treachery, and superiority of strength. Upon arraignment, the apprehended accused pleaded not guilty. The prosecution’s eyewitness, Fortunato Tamayo, testified that on said date, he, the victim, and Rodito Alutaya were at a cockfight sponsored by Barangay Captain Ramon Atendido. As they were about to leave, Gregorio Sagadsad threw a stone hitting Bulan’s face, Aliner Atendido struck him with a bamboo pole, Osias Atendido hacked him with a bolo, and after Ramon Atendido urged the group to kill Bulan, Manuel Atendido stabbed him. Fortunato fled and reported the incident. Dr. Ernesto Tamayo conducted the post-mortem and confirmed death was due to multiple hacking, scalp, and stab wounds. Cpl. Ariel Batiancela testified that Ramon Atendido surrendered and confessed to sole responsibility. Gregorio Bulan, the victim’s father, testified about a settlement offer. The defense interposed denial and alibi. Gregorio Sagadsad and Jesus Atendido claimed they were in Cebu at the time. Osias Atendido claimed he was working in Nursery, Masbate. Ramon Atendido claimed self-defense, alleging Bulan aggressively demanded a confiscated weapon and attacked him, leading to a fight where he alone killed Bulan. Defense witnesses Vicente Caayon and Nemesia Alfornon corroborated Ramon’s version. The trial court convicted all accused-appellants of murder.

ISSUE

The primary issue is whether the guilt of the accused-appellants for the crime of murder was proven beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the conviction with modifications. It held that the positive and credible eyewitness account of Fortunato Tamayo prevailed over the defenses of denial and alibi. For alibi to prosper, it must be shown that the accused was elsewhere at the time of the crime and that it was physically impossible for them to be at the scene. Gregorio Sagadsad’s and Osias Atendido’s alibis were unsubstantiated and did not meet this test. However, the Court ACQUITTED Jesus Atendido because there was no evidence proving his presence at the crime scene. The Court found conspiracy among Gregorio Sagadsad, Osias Atendido, and Ramon Atendido, as evidenced by their coordinated attack which resulted in multiple fatal wounds, and that treachery and abuse of superior strength attended the crime. The civil indemnity was increased from P30,000.00 to P50,000.00.