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SECOND DIVISION

G.R. No. 90295 February 5, 1993

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BENHUR TAHUYAN y ADON, Defendant-Appellant.

NOCON, J.:

In the early morning of January 24, 1984, barangay Migcawayan of the municipality of Damulog, Bukidnon, was raided by around fifty (50) armed men. When the smoke cleared, seven (7) persons lay dead, four (4) persons were injured, houses were riddled by bullets, ten (10) carabaos, three (3) horses and an undetermined amount of personal belongings and valuables were taken away by the raiders. Accused-appellant Benhur Tahuyan was identified as one of the raiders. He was charged in court and consequently sentenced to reclusion perpetua. ¹chanrobles virtual law library

The trial court made the following findings of facts:

[I]t appears that at or around 5:30 o'clock in the morning of January 24, 1984, accused Benhur Tahuyan y Adon and around fifty others, some of whom were Muslims and some, natives, attacked barangay Migcawayan, of the municipality of Damulog, Bukidnon. The group was armed with assorted firearms, which fired at random (sic) the houses in the said barangay. When witness Gregorio Bagares was awakened by the several gun shots coming near his house, he immediately ran away and sought refuge in the nearby banana plantation which has a distance of approximately 40 fathoms located opposite his house. While hiding in the banana plantation he saw five (5) persons firing several shots directed towards his house. Of the five persons, only three went inside his house, while the two remained outside, one of whom was accused, Benhur Tahuyan y Adon; that this witness did not recognize or know the three persons who went inside his house, nor did he know or recognize the companion of Benhur Tahuyan. After the three persons came out of his house, they brought with them sacks presumably with their loot inside them, after which one of them set Bagares' house on fire by lighting its roof and ran away. There were five other houses that were inhabited in the barangay, houses belonging to Ignacio Capanay, Carilo Martin, Quina Dalaygon, Rogelio Taghap and Hermie Galamiton that were fired by the band with their firearms. The attack further resulted in the alleged loss of the properties of the residents in the barangay and the death of seven inhabitants therein, namely Danny Ramos, Jocelyn Martin, Jerrylin Martin, Cerilo Martin, Josela Martin, Rosalina D. Capanay and Silvestre G. Judilla. ²chanrobles virtual law library

Accused-appellant was charged with Robbery in Band with Multiple Murder and Physical Injuries with the Use of Unlicensed Firearms in the Regional Trial Court, 10th Judicial Region, Branch 9, Malaybalay, Bukidnon, in Criminal Case No. 4011. ³chanrobles virtual law library

After trial, he was found guilty as charged and sentenced to a penalty of reclusion perpetua and ordered to pay P30,000.00 each to the heirs of the seven victims. ⁴chanrobles virtual law library

On appeal before this Court, accused-appellant pleads his innocence and claims that:

That accused is a duly elected Barangay Captain of Omonay, Damulog, Bukidnon, a place about thirty (30) kilometers away from Migcawayan, the place of the incident. (TSN Bacawag, pages 2 and 3, December 15, 1988 hearing).chanroblesvirtualawlibrarychanrobles virtual law library

Accused-appellant denied the charge against him as they are all lies for from January 19, 1984 to February 4, 1984, he was in his house sick with flu. That on January 24, 1984, he cannot (sic) even get up. He was attended to by Project Manager Enrique Dagawasan of the Presidential Assistant on National Minorities. (TSN Bacawag, pages 3 and 4, December 15, 1988 hearing). That he has never gone to the place of the incident and came to know of the same and its distance only from fellow Barangay Captains whom he used to meet during their meetings. That he has not undergone Community Home Defense Force (CHDF for short) training for as Barangay Captain, they are automatically integrated into the force. (TSN Bacawag, pages 5, 6 and 7, December 15, 1988 hearing).chanroblesvirtualawlibrarychanrobles virtual law library

He came to know government witness Bagares only during the trial when the latter testified. (TSN Bacawag, page 4, December 15, 1988 hearing). That Bagares is after his brother Prudencio Tahuyan, popularly known as Bing-as who was killed by the military and CHDF. (TSN Bacawag, page 5, December 15, 1988 hearing). ⁵chanrobles virtual law library

Appellant's main defense is alibi. He testified that Enrique Dagawasan, his parent-in-law, ⁶ and a Presidential Assistant on National Minorities (PANAMIN) as Project Officer, nursed him to health on the date when the attack on Migcawayan took place as he was allegedly sick.chanroblesvirtualawlibrarychanrobles virtual law library

The issue before this Court is the credibility of the witnesses - prosecution eyewitness Bagares who testified that one of the raiders who stood guard outside his house was the accused-appellant or defense witness Eugenio Dagawasan who testified that he treated the accused-appellant for flu on the very day of the raid on Migcawayan.chanroblesvirtualawlibrarychanrobles virtual law library

We reiterate the well-settled rule that:

[T]he matter of assigning values to declarations on the witness stand is best and most competently performed by the trial judge who, unlike appellate magistrates, can weigh such testimony in the light of the declarant's demeanor, conduct and attitude at the trial and is thereby placed in a more competent position to discriminate between the true and the false. Appellate courts will not disturb the credence or lack of it, accorded by the trial court to the testimony of witnesses unless it be clearly shown that the latter court had overlooked or disregarded arbitrarily the facts and circumstances of significance in the case. . . ." ⁷chanrobles virtual law library

To support the judgment of conviction, the trial court relied mainly upon the testimony of Gregorio Bagares who positively identified accused-appellant as one of the raiders who stood guard outside his house with another unidentified companion while their three other companions entered his house to ransack the same. His testimony is as follows:

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COURT:chanrobles virtual law library

Q You said in your direct testimony that of the five persons three got inside your house and two were outside, now, was the accused among the three who went inside your house, or one of those outside your house?chanrobles virtual law library

A He was outside, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was he doing at the time you saw him?chanrobles virtual law library

A He was just watching or guarding outside.chanroblesvirtualawlibrarychanrobles virtual law library

Q He did not do anything except to watch?chanrobles virtual law library

A Yes, that was all he did.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why do you say that Benhur Tahuyan was watching?chanrobles virtual law library

A Because he was outside the house.chanroblesvirtualawlibrarychanrobles virtual law library

Q And that was your basis in (sic) telling the court that he was watching because he was outside the house?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was his position when he was according to you watching your house?chanrobles virtual law library

A He was just holding his rifle hifort (sic).chanroblesvirtualawlibrarychanrobles virtual law library

Q Was he standing or sitting?chanrobles virtual law library

A He was standing.chanroblesvirtualawlibrarychanrobles virtual law library

Q Facing towards what direction?chanrobles virtual law library

A He was facing towards outside (sic).chanroblesvirtualawlibrarychanrobles virtual law library

Q So, his back was facing your house?chanrobles virtual law library

A Yes, Sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What about his companion, what was he doing?chanrobles virtual law library

A The same.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was he also armed?chanrobles virtual law library

A Yes. Sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know what arm was he armed (sic) at the time?chanrobles virtual law library

A Benhur was armed with M-79 and his companion was armed with a garrand rifle.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where was that companion of Benhur Tahuyan facing at the time?chanrobles virtual law library

A He was also facing towards the outskirts (sic). ⁸

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COURT:chanrobles virtual law library

Q Did you know their names already, (sic) these two people who were outside your house?chanrobles virtual law library

A I know one.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who (sic) of the two?chanrobles virtual law library

A Benhur Tahuyan.chanroblesvirtualawlibrarychanrobles virtual law library

Q What about the other one?chanrobles virtual law library

A I don't know him. ⁹

xxx xxx xxx

ATTY. CARACOL: (ON CROSS-EXAMINATION)chanrobles virtual law library

Q You have not seen Benhur Tahuyan before the incident?chanrobles virtual law library

A I have already seen him.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where?chanrobles virtual law library

A When we underwent a CHDF training and Barangay Administration.chanroblesvirtualawlibrarychanrobles virtual law library

Q When was that?chanrobles virtual law library

A I don't remember what month was that (sic) when we had our training.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you still remember the participants of that seminar?chanrobles virtual law library

A Yes, Sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were they, if you can remember?chanrobles virtual law library

A Our Barangay Captain of Migkawayan, Romeo Capin, Barangay Secretary, Corsina Maglasa, Kagawad Loreto Dualdo, Benjamin Monisit, Luis, Nando, Martin Montes, Simeon Godilla, Hilario Quimod and I as Barangay Treasurer and Benhur Tahuyan, being a Barangay Chairman of their place.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q Of what barangay?chanrobles virtual law library

A Omonay, Your Honor. ¹⁰

We have time and again ruled that alibi is at best a weak defense and easy of fabrication. It cannot prevail over a positive identification made by a prosecution witness. For such a defense to prosper, it is not enough to prove that accused was somewhere else when the crime was committed but that he must also demonstrate that it was physically impossible for him to have been at the scene of the crime. ¹¹chanrobles virtual law library

Considering that accused-appellant has not shown that it was physically impossible for him to have been at the scene of the crime, Migcawayan, which is thirty-six (36) kilometers away from Omonay, ¹² when he was allegedly sick, and considering that his corroborating witness was his "parent-in-law," ¹³ the court a quo did not err in rejecting accused-appellant's alibi and its ruling that prosecution eyewitness Bagares' positive identification of the accused-appellant as one of the persons who raided Migcawayan was worthy of credence.chanroblesvirtualawlibrarychanrobles virtual law library

Accused-appellant's other defense that prosecution eyewitness Bagares was really "after his brother, Prudencio Tanuyan," is unbelievable considering that accused-appellant himself stated that his brother Prudencio was killed by the military and CHDF on August 10, 1983 ¹⁴ while the raid took place more than five (5) months later, or on January 24, 1984. Thus, Bagares had no motive to testify falsely - if he had any in the first place - and his positive identification of accused-appellant as one of the raiders should be given full credence, ¹⁵ as it was so given credence by the trial court.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, premises considered, the appeal is hereby DENIED with the MODIFICATION that the accused-appellant has to pay each victim's heirs the amount of P50,000.00 as indemnity. The rest of the trial court's June 29, 1989 decision is AFFIRMED.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Narvasa, C.J., Feliciano, Regalado and Campos, Jr., JJ., concur.

Endnotes:

1 Decision, Criminal Case No. 4011, promulgated June 29, 1989, penned by Judge Alejo G. Rola, RTC, Malaybalay, Bukidnon, Branch 9, pp. 3,4; Original Records, pp. 181-184.chanrobles virtual law library

2 Original Records, pp. 181-182.chanrobles virtual law library

3 Information filed March 6, 1986 by Assistant Provincial Fiscal Guillermo G. Ching, Original Records, pp. 52-55.chanrobles virtual law library

4 Op cit., pp. 183-184.chanrobles virtual law library

5 Appellant's Brief, p. 4; Rollo, p. 41.chanrobles virtual law library

6 TSN, December 15, 1988, p.4.chanrobles virtual law library

7 Decision, People vs. Simbulan, G.R. No. 100754, October 13. 1992, pp. 5-6; citing People vs. Turla, 167 SCRA 278 and People vs. Bolosa, G.R. No. 80436. June 2, 1992.chanrobles virtual law library

8 TSN, Criminal Case No. 4011, June 16, 1987, pp. 12-13.chanrobles virtual law library

9 Ibid., p. 16.chanrobles virtual law library

10 Ibid., pp. 18, 19.chanrobles virtual law library

11 Decision, People vs. Martinado, G.R. No. 92020, October 19, 1992, p. 22 citing People vs. Ampo-an, 187 SCRA 173; People vs. Clores, 184 SCRA 638; People vs. Arceo, 187 SCRA 265 and other numerous cases.chanrobles virtual law library

12 Op cit., December 15, 1988. p. 12.chanrobles virtual law library

13 "The defense of alibi is weak if it is established mainly by the accused himself and his relatives and not by credible persons." (People vs. Solis, 195 SCRA 405, 415, citing People vs. Beringuel. 192 SCRA 561).chanrobles virtual law library

14 TSN, Criminal Case No. 4011, December 15, 1988, p. 5.chanrobles virtual law library

15 People vs. Sanchez, 199 SCRA 414, 420, citing People vs. Clavo, Jr., 165 SCRA 695.