PEOPLE OF THE PHILIPPINES, vs. JOSELITO VILLALOBOS and ROBERTO VILLALOBOSs.
- G.R. Number: G.R. No. 71526
- Promulgated: 1992-05-27
- Ponente: Bidin, J.
Doctrine
Alibi cannot prevail over positive testimony of prosecution witnesses and clear identification of the accused.
When conspirators act in furtherance of a common criminal design, they are equally responsible for the acts of their co-conspirators.
Shooting a defenseless victim from behind without risk to assailants constitutes treachery.
Facts
Appellants Joselito and Roberto Villalobos were convicted of murder by the RTC, sentenced to reclusion perpetua and ordered to pay civil indemnity and actual damages for the death of Eduardo Alarba (decision dated 29 March 1985).
The complaint originally included Joselito, Roberto and Victorino Villalobos and was filed before the Municipal Circuit Court of Passi-San Enrique, Iloilo; warrant of arrest was issued after preliminary investigation.
Prosecution presented positive identifications of the accused by three witnesses, and the trial court found conspiracy and concerted action among the three Villalobos brothers.
Medical testimony showed entrance gunshot wounds at the back of the victim, supporting a finding of treachery.
Issues
Whether the accused-appellants are guilty beyond reasonable doubt of the crime of murder.
Whether the killing was committed with treachery.
Whether conspiracy existed among the three accused, making them equally responsible for the killing.
Ruling
The conviction for murder is affirmed: the Court found the accused guilty beyond reasonable doubt based on positive identifications and concerted action; civil liability increased to P50,000.00.
The Court upheld the trial court's finding of treachery, relying on medical evidence that the victim was shot from behind.
Keywords
G.R. No. 71526, PEOPLE OF THE PHILIPPINES v. JOSELITO VILLALOBOS and ROBERTO VILLALOBOS, Criminal Case No. 14182, murder, Article 248 of the Revised Penal Code, reclusion perpetua, indemnify jointly and severally, heirs of the deceased, P30,000.00 for death, P7,000.00 for actual damages, subsidiary imprisonment, preliminary investigation, warrant of arrest, information filed by the Provincial Fiscal, conspiring, confederating and helping each other, treachery, evident premeditation, deliberate intent and a decided purpose to kill, autopsy report, multiple gunshot wounds