G.R. No. L-58574. October 12, 1987
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DANNY SEQUERRA, Defendant-Appellant.

FACTS

On March 31, 1980, in barangay Calaba, Bangued, Abra, Renato Bonete was shot in the back while driving his tricycle and died shortly thereafter. The prosecution presented several eyewitnesses. Rowena Bonete, the victim’s 15-year-old passenger, testified that immediately after they passed the accused, Danny Sequerra, standing by the road, he fired at the victim and fled. Carolina Bonete, who was about 30 meters away, heard the shot and saw Sequerra running from the scene. Another witness, Concepcion Barsuela, stated that the dying victim identified his assailant as “Danny Sequerra” three times. Testimony also indicated prior animosity between the victim and the accused.
The defense interposed an alibi. Sequerra claimed he was on a bus bound for Abra at the time of the shooting, having been seen off in Caloocan by his sister at 7:30 a.m. and sharing coffee with the bus driver in Tarlac at around 10:30 a.m. He asserted he only arrived in Bangued at 3:30 p.m., where he was subsequently arrested. The defense also highlighted a negative paraffin test result.

ISSUE

Whether the trial court erred in convicting the accused based on the credibility of the prosecution witnesses and in rejecting the defense of alibi.

RULING

The Supreme Court affirmed the conviction. The ruling hinged on the strength of the prosecution’s evidence and the inherent weakness of the defense of alibi. The Court deferred to the trial judge’s assessment of witness credibility, noting there was no grave abuse of discretion. The crime occurred in broad daylight in an uncluttered area, and two eyewitnesses who knew the accused well gave positive and categorical identification. The dying declaration corroborated this identification.
Conversely, the defense of alibi was deemed feeble and unsubstantiated. It relied solely on the testimonies of the accused, his sister, and the bus driver, without any documentary evidence. The Court emphasized that alibi cannot prevail over positive identification, especially when the possibility of the accused being at the crime scene was not physically impossible. The negative paraffin test was not exculpatory, as it is not conclusive proof that a person did not fire a gun. The prosecution successfully proved guilt beyond reasonable doubt. The crime was murder qualified by treachery. The penalty of reclusion perpetua was affirmed, and the civil indemnity was increased to P30,000.00.