GR L 47991; (April, 1990) (Digest)
G.R. No. L-47991; April 3, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE ALDEGUER, accused-appellant.
FACTS
The accused, Vicente Aldeguer, was charged with Murder for the fatal shooting of Romeo Ferraris on November 28, 1969, in San Dionisio, Iloilo. The prosecution’s primary witness, Moreno Alkonga, testified that he, Ferraris, Sotera Albania, and another were playing mahjong on the second floor of a house. Aldeguer arrived, sat on a bed reading a comic, then stood up, approached Ferraris from behind, and shot him multiple times at close range before fleeing. Dr. Antonio Tedoco, Jr. confirmed the cause of death as multiple gunshot wounds. The defense presented an alibi, with Aldeguer claiming he had left the scene via jeepney for Sara, Iloilo, approximately 30 minutes before the shooting occurred. Defense witness Sotera Albania initially supported the prosecution in a sworn statement but later recanted in court, testifying that Aldeguer had already departed when unidentified persons from a downstairs gambling session came up and the shooting commenced.
ISSUE
The core issue is whether the prosecution proved Aldeguer’s guilt for Murder beyond reasonable doubt, specifically overcoming his defense of alibi and the recanted testimony of a defense witness.
RULING
The Supreme Court affirmed the conviction. The ruling hinges on the weakness of alibi as a defense and the unreliability of recanted testimony. For alibi to prevail, it must demonstrate the physical impossibility of the accused’s presence at the crime scene at the time of its commission. Aldeguer admitted being at the residence but claimed he left minutes before the shooting. The Court found no such physical impossibility, as the distance to Sara was negligible and travel by jeepney was readily feasible, making his presence at the crime scene entirely possible. Consequently, his alibi was insufficient to overturn the positive identification by eyewitness Alkonga.
Regarding the recanted testimony of Sotera Albania, the Court gave it no credence. Jurisprudence consistently views retractions with extreme disfavor as they are notoriously unreliable and susceptible to coercion or manipulation. Albania’s judicial testimony contradicted her prior sworn statement before the fiscal, wherein she categorically identified Aldeguer as the shooter. The Court upheld the trial court’s assessment that the prosecution witness’s account was more credible and consistent. Thus, the positive identification, coupled with the medico-legal evidence and the failure of the alibi, established guilt beyond reasonable doubt. The penalty of reclusion perpetua was sustained, but the civil indemnity was increased to Thirty Thousand Pesos.