G.R. No. 97962 November 17, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR BALIGOD, MACARIO MALAGYAB, alias Baliling and Ten (10) John Does, accused. MACARIO MALAGYAB, alias Baliling, appellant.

FACTS

Accused Salvador Baligod, Macario Malagyab alias Baliling, and ten others were charged with Robbery with Homicide and Frustrated Homicide. The information alleged that on January 14, 1987, in Barangay Cawagawan, Pinukpuk, Kalinga-Apayao, the accused, conspiring together, by means of force and violence, took cash and personal properties worth P5,780.00 belonging to Federico Narcisa. On the occasion of the robbery, they shot and killed Federico Narcisa and also shot his son George Narcisa, inflicting gunshot wounds which would have caused his death were it not for timely medical assistance. After trial, the Regional Trial Court found both accused guilty beyond reasonable doubt as principals of the crime and sentenced each to Reclusion Perpetua. Salvador Baligod withdrew his appeal, leaving only Macario Malagyab’s appeal.
The prosecution evidence established that in the early morning of January 14, 1987, George Narcisa was taken from his cousin’s house by armed men, including Salvador Baligod, to his own house. About twenty meters from the house, George was ordered to call his father. When Federico Narcisa came out, the armed men shot him dead. They then shot George, hitting him multiple times. Three armed men entered the house, ransacked it, and took cash and items. Mildred Narcisa, George’s sister, was guarded on the porch by a masked man. She recognized this masked man as the appellant, Macario Malagyab, based on his voice and because she had known him since 1977 when he worked as a jeepney driver who used to fetch her from school. During the incident, when another masked man tried to lunge at Mildred, the appellant intervened, saying, “Don’t do that because she’s a girl — she is a woman.” George survived after medical treatment. The siblings did not immediately report appellant’s identity to the police out of fear of reprisal. They later identified him after hearing a radio announcement that members of the “Kurakot” gang had been apprehended and victims were requested to identify them.

ISSUE

Whether the prosecution proved the guilt of appellant Macario Malagyab beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction of appellant Macario Malagyab. The Court found the testimonies of prosecution witnesses Mildred and George Narcisa credible. Mildred’s positive identification of the appellant, despite his being masked, was reliable due to her long acquaintance with him, recognizing his voice and demeanor. The minor inconsistency between the witnesses regarding the appellant’s attire was deemed inconsequential. The delay in reporting his identity was satisfactorily explained by fear of reprisal from the armed assailants. The defense of alibi could not prevail over the positive identification. The Court modified the civil indemnity, increasing it to P50,000.00, and affirmed the decision in all other respects.