PEOPLE OF THE PHILIPPINES, vs. NICASIO GORNES, RAUL VILAR and JOHN DOES, accused. NICASIO GORNES.
- G.R. Number: G.R. No. 104869
- Promulgated: 1994-02-23
- Ponente: Davide, Jr., J.
Doctrine
Appellate courts will generally not disturb trial court findings on witness credibility since the trial court saw and heard the witnesses, unless substantive facts of value were plainly overlooked.
Delay in filing or testifying may be satisfactorily excused when threats and fear of reprisal reasonably prevented earlier complaint.
Alibi is one of the weakest defenses and, when contradicted by positive identification, will not prevail.
Facts
A criminal complaint for murder was filed by the Chief of Police of Pamplona on 21 May 1991 with the Municipal Circuit Trial Court of Pamplona, Amlan, and San Jose, Negros Oriental; only Nicasio Gornes was arrested while co-accused Raul Vilar remained at large and others were unidentified.
Gornes waived his right to a preliminary investigation and the court forwarded the records to the Provincial Prosecutor, which on 12 July 1991 filed an information in the Regional Trial Court of Dumaguete City charging murder in Criminal Case No. 9820.
At trial, prosecution witnesses positively identified the accused; the accused asserted an alibi defense; the victim's family delayed reporting due to threats and fear of reprisal.
The Regional Trial Court convicted the accused; on appeal the Court affirmed the conviction but increased the indemnity from P40,000.00 to P50,000.00 and imposed costs against the accused-appellant.
Issues
Whether the appellate court should overturn the trial court's findings on credibility of witnesses.
Whether the delay in reporting the crime justified late testimony and excused the lapse.
Whether the accused's alibi defeats the prosecution's positive identification.
Ruling
The Court found no merit in the appeal and will generally not disturb trial court credibility findings absent overlooked substantive facts; the trial court was in a better position to judge witness deportment.
The Court held the delay in reporting was satisfactorily explained by threats and fear of reprisal from the accused and other persons, justifying the late complaint and testimony.
The Court ruled the accused's alibi failed because alibi is an inherently weak and easily fabricated defense, and therefore conviction must be sustained; indemnity increased to P50,000.00; costs against the accused.
Keywords
G.R. No. 104869, Murder, Article 248 Revised Penal Code, Reclusion Perpetua, conspiring, confederating and mutually helping one another, abuse of superior strength, evident premeditation, positive identification, alibi, credibility of witnesses, heirs of the offended party, Civil Code, Criminal Case No. 9820, counsel de officio, guilty beyond reasonable doubt, mother, nicasio gornes, morning, house, crime