G.R. No. L-3764; November 29, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HUGO PEREGIL and SALVADOR MONDIDO, defendants-appellants.

FACTS

On the evening of June 11, 1949, Jovito Co, manager of the Visayan Shipping Company, was ambushed and shot while riding in a jeep at the intersection of Muelle Loney and Aldeguer Street in Iloilo City, about 20 meters from his company premises. He died the same evening. The assailant, Hugo Peregil, was a member of the Iloilo city police who also worked as a passenger and freight agent for the company. He was aided in this work by Salvador Mondido. Peregil took offense when he was summarily dismissed by Jovito Co, and the shooting appears to be the culmination of retaliatory measures against the company. Peregil, Mondido, and Leonardo Miranda were prosecuted for murder. They were found guilty and sentenced. Peregil and Mondido appealed. During the pendency of the appeal, the case against Hugo Peregil was dismissed following his death in prison, leaving only the appeal of Salvador Mondido for consideration. The sole question for Mondido’s appeal is whether he participated in the killing.
Three eyewitnesses testified for the prosecution. Rogelio Victoriano, the jeep driver, testified that he saw Hugo Peregil fire at them, followed by his companions, including Salvador Mondido, whom he recognized standing about three brazas behind Peregil and firing with a Thompson. He had known Mondido since the Japanese occupation. Doroteo Zulieta, a passenger in the jeep, corroborated the ambush but could only recognize Peregil, stating he did not know the others by face. Irineo Bautista, a company foreman, testified that he saw Peregil and Mondido emerge from near a post and garbage cans at the corner, and as the jeep drew near, Peregil began firing, followed by Mondido, who was behind him.
In his defense, Salvador Mondido presented an alibi, claiming he was driving a taxicab for hire at the time of the shooting, waiting at the Bachelor’s Grill, and later heard about the shooting. His testimony was contradicted by his own witness, Jose San Agustin, regarding the type of vehicle and payment, and by Federico Galano, a chauffeur for Crown Taxi, who testified he was the one driving taxicab No. 8 on that day. The trial court found Mondido’s alibi improbable and not credible.

ISSUE

The sole issue is whether Salvador Mondido participated in the killing of Jovito Co.

RULING

The Supreme Court affirmed the conviction of Salvador Mondido. The Court found that the trial court did well in not giving credence to Mondido’s alibi, which was contradicted and improbable. The alibi could not prevail over the positive identification by eyewitnesses Rogelio Victoriano and Irineo Bautista, who saw him at the scene of the crime as one of the assailants. The Court upheld the trial judge’s assessment of witness credibility, having had the advantage of observing their demeanor. The defense’s argument regarding the victim’s dying declaration naming only Peregil was not persuasive, as the declaration did not rule out the presence of companions and a witness suggested the victim knew only Peregil among the assailants.
The crime committed is murder, qualified by abuse of superior strength, as the assailants were six and armed, while the victim was alone and unable to use his pistol in defense. With no aggravating or mitigating circumstances, the penalty is life imprisonment. The prison term for Salvador Mondido is changed to reclusion perpetua, and the sentence is affirmed as to him, with proportionate costs.