Friday, February 3, 2012

Denial and alibi rejected as defenses

Republic of the Philippines

"x x x.

We reiterate that the trial judge’s evaluation of the credibility of a witness and of his testimony is accorded the highest respect because of the trial judge’s unique opportunity to directly observe the demeanor of the witness that enables him to determine whether the witness is telling the truth or not.16Such evaluation, when affirmed by the CA, is binding on the Court unless the appellant reveals facts or circumstances of weight that were overlooked, misapprehended, or misinterpreted that, if considered, would materially affect the disposition of the case.17


The accused did not present any fact or circumstance of weight that the RTC or the CA overlooked, misapprehended, or misinterpreted that, if considered, would alter the result herein. Accordingly, we have no reason to disregard their having accorded total credence to Perfinian’s eyewitness account of the killings. In contrast, we have the bare denials of Melanio, Hermogenes, Felix, and Rico, but such denials were weak for being self-serving and unnatural. Their own actuations and conduct following the attack even confirmed their guilt, for had Melanio, Felix, and Rico been innocent, it was puzzling that they had to suddenly abandon their homes to go to Antipolo City in Rizal. Their explanation for the hasty departure - that Arnold and Joven warned them to leave because dead bodies had been found near Melanio’s house, and they might be implicated - was unnatural and contrary to human nature. The normal reaction of innocent persons was not to run away, or instead to report to the police whatever they knew about the dead bodies. In any case, they did not need to be apprehensive about being implicated if they had no participation in the crimes.


The lower courts correctly evaluated the evidence. To us, Perfinian’s identification of all the accused as the perpetrators was positive and reliable for being based on his recognition of each of them during the incident. His being familiar with each of them eliminated any possibility of mistaken identification. He spotted them from a distance of only six meters away under a good condition of visibility (i.e., the moon then being “very bright”). Consequently, their denials and alibi were properly rejected.


Likewise, Perfinian detailed the distinct acts done by each of the accused during their assault. Such recollection of the fatal events was categorical and strong, and there was no better indicator of the reliability and accuracy of his recollection than its congruence with the physical evidence adduced at the trial. For one, the results of the post-mortem examinations showing that the victims had sustained multiple stab and hack wounds (i.e., Sabino sustained 11 hack wounds and 12 stab wounds; Graciano suffered four stab wounds and a hack wound; and Victor had three hack wounds) confirmed his testimonial declarations about the victims having been repeatedly stabbed and hacked.18 Also, the blood-stained bolos and blood-stained clothing recovered from the possession of the accused confirmed his declarations that the accused had used bolos in inflicting deadly blows on their victims.


It is notable, on the other hand, that the Defense did not challenge the sincerity of Perfinian’s eyewitness identification. The accused did not show if Perfinian had harbored any ill-feeling towards any or all of them that he was moved to testify falsely against them. Any such ill-feeling was even improbable in light of the revelation that he and Hermogenes had spiritual bonds as compadres. Without such showing by the Defense, therefore, Perfinian was presumed not to have been improperly actuated, entitling his incriminating testimony to full faith and credence.19


x x x."