GR L 37838; (July, 1979) (Digest)
G.R. No. L-37838. July 25, 1979.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELFIN VEGAYAN, JOSE BESORIO & MANUEL BUENA, defendants. JOSE BESORIO and MANUEL BUENA, defendants-appellants.
FACTS
On the evening of December 22, 1971, during a Christmas party at the Iloilo Provincial Capitol, a fatal altercation occurred. Esperanza Sulleza was manning a cigarette stand near the repair shop of appellants Jose Besorio and Manuel Buena, where their helper, Delfin Vegayan, was employed. According to prosecution witnesses Esperanza and her daughter Lorna, Vegayan initially stabbed the victim, Nicanor Sulleza, Jr., in the abdomen as he lit a cigarette. The wounded victim fled but was pursued by appellants Besorio and Buena. Besorio overtook him and stabbed him in the back and abdomen. Subsequently, Buena held the victim’s hands from behind, enabling Besorio to inflict another stab wound. The victim died from multiple stab wounds.
The appellants presented a different version, claiming they were drinking beer in their shop with PC Sgt. Antonio Palmares when they heard commotion. They asserted they merely went to the scene to help and witnessed Esperanza accusing Vegayan. They interposed the defense of alibi, supported by Sgt. Palmares’ testimony that they were with him during the incident. However, the trial court found this alibi unpersuasive.
ISSUE
The primary issue is whether the guilt of appellants Jose Besorio and Manuel Buena for the crime of Murder was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The positive, categorical, and consistent testimonies of eyewitnesses Esperanza and Lorna Sulleza, who had no motive to falsely testify, prevailed over the weak defense of alibi. The Court found the alibi non-credible as the appellants were positively identified at the crime scene, and Sgt. Palmares’ corroboration was deemed unreliable because he never reported his exculpatory knowledge to the investigating authorities. The crime was properly qualified as Murder due to the presence of treachery. The evidence showed the victim was already wounded and fleeing when appellants pursued him. The act of Buena holding the victim’s hands from behind rendered him completely defenseless, ensuring the execution of the fatal stabbing by Besorio without any risk to themselves. This method of attack constituted alevosia. With no aggravating or mitigating circumstances, the penalty of reclusion perpetua was correctly imposed. The Court affirmed the judgment against Jose Besorio. The case against Delfin Vegayan remained pending as he was at large.