G.R. No. L-21492 April 25, 1969
The People of the Philippines, plaintiff-appellee, vs. Enriquito Tapitan et al., defendants, Enriquito Tapitan and Eleno Tapitan, defendants-appellants.

FACTS

On the morning of April 9, 1958, in Goliptoc, Dumingag, Zamboanga del Sur, the deceased Maximo Candia was killed by gunshot wounds inflicted by appellants Eleno Tapitan and Enriquito Tapitan (father and son), who were prosecuted for murder along with Precioso Tapitan (another son of Eleno). The killing arose from a dispute over a piece of land claimed by both the deceased (who, with eyewitness Cleto Baranda, were co-purchasers of rights from a Subano) and the appellants (on whose land accused Eleno Tapitan’s house stood). Prior attempts at amicable settlement failed, and Eleno Tapitan had openly threatened to kill the deceased. On that morning, while Candia and Baranda were bringing posts to erect a house, Eleno Tapitan, armed with a revolver and bolo, confronted them. After Candia pleaded to discuss the matter, Eleno said, “this could not be” and uttered, “come on, you shoot,” followed by an explosion. Enriquito Tapitan, from behind a banana grove, first shot the deceased with a “paliuntod” (home-made shotgun). Eleno Tapitan then fired his revolver at the deceased, who fell. The deceased was unarmed, holding only a saw, and had raised his hands and was about to run when shot. The medico-legal report showed fatal gunshot wounds, including one at the back. The lower court convicted appellants of murder, sentencing them to death, while Precioso Tapitan (who voluntarily surrendered) received reclusion perpetua and did not appeal. Appellants raised the defense of alibi, claiming they were in Ozamis City at the time, and imputed the fatal shot to Precioso, invoking self-defense on his behalf.

ISSUE

Whether the appellants’ defense of alibi should prevail over the positive identification by prosecution witnesses, and whether the lower court correctly convicted them of murder based on conspiracy, evident premeditation, and treachery.

RULING

The Supreme Court upheld the conviction. The defense of alibi failed against the positive testimony of eyewitness Cleto Baranda and two other witnesses (Subano and Sergio Asequia) who placed appellants at the scene of the crime. The Court ruled that alibi is a weak defense, easily fabricated, and cannot prevail over positive identification. Conspiracy was inferred from the appellants’ joint acts in perpetrating the crime, as they acted together in shooting the deceased. The crime was qualified by evident premeditation and aggravated by treachery, as the deceased was unarmed, had raised his hands, and was about to run when shot from behind without risk to the appellants. However, for lack of the required number of votes, the death penalty was modified. Appellants Eleno Tapitan and Enriquito Tapitan were each sentenced to suffer reclusion perpetua and to indemnify jointly and severally the heirs of the deceased in the amount of P12,000, with costs.