GR L 39528; (November, 1982) (Digest)
G.R. No. L-39528 November 19, 1982
The People of the Philippines, plaintiff-appellee, vs. Jimmy Monaga, Jesus Barrido, and Benhur Banaban, accused, Benhur Banaban, accused-appellant.
FACTS
The accused were charged with the murder of Herminio Balderas. The prosecution established that on February 8, 1972, the victim was ambushed and shot while walking with his family. The motive stemmed from a land dispute, as the victim refused to vacate a property owned by the sister of accused Jesus Barrido, and from a separate conflict where the victim was suspected of stealing and causing the death of a carabao owned by accused Benhur Banaban. The widow, Marina Balderas, positively identified appellant Banaban and his co-accused as among the assailants. The defense, primarily through the testimony of Banaban’s son Danilo, claimed that Danilo and another acted alone, presenting an alibi for the appellant.
ISSUE
Whether the trial court erred in convicting appellant Benhur Banaban of murder based on the credibility of the prosecution witnesses and in rejecting the defense of alibi.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of witness credibility, giving deference to its firsthand observation. The positive identification of the appellant by the eyewitness, the victim’s wife, prevailed over the defense of alibi, which was not substantiated by clear proof of the physical impossibility of the appellant’s presence at the crime scene. The Court found conspiracy among the accused, evident from their collective actions leading to the ambush. However, the Court recognized the mitigating circumstance of vindication of a grave offense, as the deceased had taken the appellant’s carabao. With this mitigating circumstance and no aggravating circumstance offsetting it, the penalty was reduced. Applying the Indeterminate Sentence Law, the appellant was sentenced to an indeterminate penalty ranging from 10 years and 1 day of prision mayor, as minimum, to 17 years, 4 months and 1 day of reclusion temporal, as maximum.