GR 97565; (March, 1994) (Digest)
G.R. No. 97565 March 23, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEX AURELIA and ANTONIO LOPEZ, accused-appellants.
FACTS
Accused-appellants Alex Aurelia and Antonio Lopez were charged with Murder for the killing of Napoleon Razo, Jr. The information alleged that on or about 1:00 a.m. on July 21, 1989, in Barangay 3, Pioduran, Albay, the accused, conspiring and helping one another, attacked and stabbed Razo, Jr. with knives, causing his death. Both pleaded not guilty.
The prosecution evidence established that in the early morning of July 21, 1989, eyewitness Lilian Dolor was asleep in her house with her family, while the victim was sleeping on a sofa separated by a G.I. sheet partition. She was awakened by a sound, looked, and saw accused-appellants inside her house. She saw them proceed to where Razo, Jr. was sleeping and repeatedly stab him. She screamed, the accused fled towards the seashore, and the victim was taken to the hospital where he died from multiple stab wounds. Patrolman Alberto Aquino responded, and during follow-up investigation, bloodstains were found on the right knee and middle finger of Alex Aurelia when he was apprehended at his father’s house. The defense was alibi. Alex Aurelia claimed he and Antonio Lopez were drinking at his father’s house in Zone 1 from 7:00 p.m. on July 20 until midnight, after which they slept. He explained the bloodstains came from a chicken he dressed earlier. Antonio Lopez corroborated the drinking spree and claimed he went home to sleep. The trial court found them guilty of Murder and sentenced each to Reclusion Perpetua, with indemnity of P30,000.00 to the victim’s heirs.
ISSUE
Whether the trial court erred in: (1) giving weight to the prosecution witnesses’ testimonies; (2) disregarding the defense of alibi and denial; and (3) convicting the accused-appellants of Murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the judgment of conviction. The trial court’s findings on the credibility of witnesses, particularly eyewitness Lilian Dolor, deserve full faith and credence. Her testimony was clear, straightforward, and given in a natural manner, and she positively identified the accused-appellants as the perpetrators. The place was sufficiently lighted, and she knew the accused prior to the incident. The defense of alibi was properly rejected as it was physically possible for the accused to be at the crime scene; the distance between the drinking location and the victim’s house was not an impossibility (Zone 1 was about 400 meters from Zone 3, and Antonio Lopez testified it would take him ten minutes to travel from Lilian Dolor’s house to his own). The conflicting testimonies of the defense witnesses regarding the dressing of the chicken weakened their alibi. The crime was Murder qualified by treachery, as the victim was asleep and unable to defend himself when repeatedly stabbed. The penalty of Reclusion Perpetua was affirmed. In line with prevailing policy, the indemnity to the victim’s heirs was increased to P50,000.00. Costs were imposed on the accused-appellants.
