G.R. No. L-32859, February 24, 1984
The People of the Philippines, Plaintiff-Appellee, vs. Rudy Pueblas and Rogelio Cortez, Accused-Appellants.

FACTS

The accused-appellants, Rudy Pueblas and Rogelio Cortez, were convicted of Murder for the killing of Jacinto Mirafuentes on the evening of January 16, 1970, in Barrio Caniangan, Tangub City. The prosecution evidence established that the victim’s wife, Cresencia Sarte, witnessed the incident. She testified that after her husband went down from their house, she heard appellant Pueblas call out to him, assuring him they meant no harm. She then heard a gunshot and saw her husband being chased by both appellants, with Cortez carrying a firearm, followed by three more shots. The victim was found dead with multiple gunshot wounds.
A clear motive was established against appellant Pueblas. He had a pending attempted murder case (Criminal Case No. OZ-728) where the deceased was the complainant. Testimony revealed that Pueblas had attempted to settle the case for P300 but failed to raise the full amount. On the day of the killing, both appellants were seen at a local cockpit with a revolver and directing belligerent stares at the victim. In their defense, appellants interposed alibi, claiming they were in Tangub City, eight kilometers away, at the time of the crime, and were allegedly seen by a police officer and a municipal judge.

ISSUE

The primary issues were whether the trial court erred in: (1) convicting the appellants based on the lone, allegedly uncorroborated testimony of the eyewitness; (2) rejecting their defense of alibi; and (3) appreciating the qualifying circumstance of treachery and the aggravating circumstance of nocturnity.

RULING

The Supreme Court affirmed the conviction. The positive identification by eyewitness Cresencia Sarte, who was in a position to clearly see the events, prevailed over the defense of alibi. The Court found her testimony credible and consistent. For alibi to prosper, it must be shown that it was physically impossible for the accused to be at the crime scene. This was not proven, as Tangub City was merely eight kilometers away and accessible by motorized cab. The corroborating witnesses for the alibi were deemed biased, with one being a former counsel-de-oficio for the appellants.
The Court upheld the finding of treachery (alevosia). The attack was sudden and employed means that ensured the execution without risk to the assailants from any defense the unarmed victim could make. The initial deceptive assurance of safety, followed immediately by gunfire, constituted a treacherous mode of attack. The presence of conspiracy was inferred from the appellants’ concerted actions in chasing and shooting the victim. The Court, however, did not appreciate nocturnity as a separate aggravating circumstance, as it was not proven to have been deliberately sought, and it would be absorbed by treachery anyway. The crime was therefore Murder, punishable by reclusion perpetua. The civil indemnity was increased to P30,000.00.