GR L 73602; (August, 1988) (Digest)
G.R. No. L-73602 August 31, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERT CALICDAN y LAZO ALIAS “DIEGO” and FERNAN, accused-appellant.
FACTS
Accused-appellant Robert Calicdan was convicted of Murder and sentenced to reclusion perpetua by the Regional Trial Court. The prosecution established that on September 19, 1982, in Umingan, Pangasinan, the victim Reynaldo Cose and his wife Irene were resting when accused-appellant and his co-accused Fernan approached. Fernan initially fired at the fleeing victim but missed. As the victim tried to wrest the gun from Fernan, accused-appellant drew his own pistol and shot the victim, causing him to fall. Accused-appellant then ordered Fernan to shoot the victim several more times. Irene Cose and her son Joselito positively identified accused-appellant as one of the assailants. The defense presented an alibi, claiming accused-appellant was working at a bakery in Lupao, Nueva Ecija, at the time of the incident, supported by testimonies from his employer and a co-worker.
ISSUE
Whether the Trial Court erred in convicting accused-appellant based on the prosecution’s evidence and in rejecting the defense of alibi.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the alibi weak and unpersuasive. For alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of being at the crime scene. Lupao, Nueva Ecija, and Umingan, Pangasinan, are adjacent towns, and the defense admitted that public transportation ply the route, making it possible for accused-appellant to have been present. The Court found the testimonies of Irene and Joselito Cose credible, consistent, and given in a straightforward manner. Their immediate report to authorities after the incident bolstered their credibility. The claim that they executed sworn statements only a week later was understandable due to the burial arrangements and did not impair their testimony. The Court upheld the Trial Court’s finding of treachery, qualifying the killing as Murder. However, applying the 1987 Constitution’s abolition of the death penalty, the penalty was modified. The indeterminate sentence was imposed at twelve (12) years of prision mayor, as minimum, to eighteen (18) years, eight (8) months, and one (1) day of reclusion temporal, as maximum.