G.R. No. 96444 June 23, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEANDRO PAJARES y FLORENTINO, accused-appellant.

FACTS

Accused-appellant Leandro Pajares y Florentino was charged with Murder for the killing of Diosdado Viojan and with Frustrated Homicide for the attack on Renato Perez. The incidents occurred on the night of October 11, 1985, in Manila. The prosecution’s main witness, Renato Perez, testified that while he and Viojan were walking, appellant suddenly appeared from behind and hit Viojan on the back of the head with a baseball bat. When Perez tried to help, appellant also hit him with the bat, and appellant’s companions mauled Perez until he lost consciousness. Viojan died from his injuries. Appellant denied the allegations, claiming he was inside a store watching television at the time and did not witness the incident. He also alleged that his police confession was coerced. The Regional Trial Court convicted appellant of Murder and Slight Physical Injuries (modifying the Frustrated Homicide charge).

ISSUE

The primary issue is whether the trial court erred in convicting appellant of the crimes charged based on the evidence presented.

RULING

The Supreme Court affirmed the trial court’s decision with modification. The Court held that appellant’s guilt was proven beyond reasonable doubt. The positive identification by eyewitness Renato Perez, who had no ill motive to testify falsely, prevailed over appellant’s denial and alibi. The Court found the defense of alibi weak, as appellant was within the vicinity of the crime. The killing was attended by treachery, as appellant attacked Viojan from behind without warning, ensuring the commission without risk. The Court rejected the mitigating circumstance of immediate vindication of a grave offense, noting a ten-hour interval between a prior mauling incident involving appellant’s brother and the killing, which was sufficient for appellant to recover his serenity. The indemnity for the victim’s death was increased to P50,000.00.