GR 97284; (January, 1994) (Digest)
G.R. No. 97284 January 21, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOTO CALOPE and EDWIN TORRES, accused-appellants.
FACTS
Accused Toto Calope and Edwin Torres were charged with murder for the killing of Glenford Lagitao on March 11, 1987, in Sinacaban, Misamis Occidental. The Information alleged they conspired, attacked, stabbed, and shot the victim. Edwin Torres remained at large, so the trial proceeded only against Toto Calope, who pleaded not guilty. The trial court found Calope guilty of murder qualified by abuse of superior strength and sentenced him to reclusion perpetua and indemnity of P30,000. Calope appealed, assigning errors primarily challenging the credibility and positive identification by the lone eyewitness, Erlinda Mofan. The defense exhibits were not elevated to the Supreme Court, but the Court deemed them immaterial or incompetent and proceeded to decide the case. The established facts show that on the night of the incident, Mofan was at a friend’s house near a bridge. She saw Calope and Torres waiting for the victim on the bridge. When the victim approached, she saw Calope stab him with a hunting knife and Torres shoot him. The area was illuminated by moonlight and an electric lamp. The victim died from multiple gunshot wounds and a stab wound. Calope presented an alibi, claiming he was fishing in the same barangay that night, but did not corroborate it with disinterested witnesses.
ISSUE
The main issues revolve around the credibility of the lone eyewitness testimony and the sufficiency of evidence to prove Calope’s guilt beyond reasonable doubt for murder in conspiracy with Torres.
RULING
The Supreme Court affirmed the trial court’s decision with modification. The Court held that the trial court’s factual findings, including the credibility of eyewitness Erlinda Mofan, are generally respected and not disturbed unless clearly biased or arbitrary. Mofan’s testimony was found to be categorical, straightforward, and untainted by inconsistencies. She had no motive to testify falsely and positively identified Calope as the one who stabbed the victim. The Court rejected Calope’s challenges regarding the distance and visibility, finding the scene was sufficiently illuminated by other light sources and that Mofan had a clear view from about seven meters away. The defense of alibi was deemed weak, uncorroborated, and could not prevail over positive identification. The Court also found conspiracy was established by the coordinated actions of Calope and Torres in attacking the victim. The decision was modified by increasing the civil indemnity to Fifty Thousand Pesos (P50,000.00). Costs were imposed against appellant Calope.