G.R. No. 128117 . February 28, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDGAR CAWAYAN y CRUZ, accused-appellant.

FACTS

Accused-appellant Edgar Cawayan was convicted of Murder by the Regional Trial Court of Cebu City and sentenced to reclusion perpetua. The prosecution evidence established that on February 28, 1996, the victim, Christopher Carreon, was hosting a gathering at his house where attendees, including the accused and witnesses Maricris Villan and Vilma Barrientos, were drinking and playing cards. The accused left the gathering but returned around 12:30 a.m. He immediately approached Carreon, who was lying face down on the floor, and without provocation, shot him in the back. As the wounded victim pleaded for his life and attempted to stand, the accused declared, “ganina na ko naglagot nimo,” and shot him again in the stomach before fleeing. The victim died from his wounds.
The defense presented an alibi, claiming the accused was at his own home during the incident and was accompanied there by a neighbor. The trial court rejected this defense, giving greater weight to the positive identification by the two eyewitnesses. The court found the killing was attended by treachery, qualifying it as murder, and considered the aggravating circumstance of dwelling, offset by the mitigating circumstance of intoxication.

ISSUE

Whether the trial court erred in convicting the accused-appellant of murder by rejecting his defense of alibi and denial.

RULING

The Supreme Court affirmed the conviction. The defense of alibi is inherently weak and cannot prevail over the positive identification of the accused by credible eyewitnesses. For alibi to prosper, the accused must demonstrate not only his presence elsewhere at the time of the crime but also the physical impossibility of being at the scene. Here, the accused’s own house was merely a few minutes’ walk from the crime scene, making it highly possible for him to have committed the act and returned. The testimonies of prosecution witnesses Villan and Barrientos were consistent, credible, and given without any ill motive. Their account established that the attack was sudden and from behind, ensuring the victim had no opportunity to defend himself, thereby constituting treachery. The denial offered by the accused, uncorroborated by clear and convincing evidence, deserved no weight against the affirmative testimonies. Consequently, the prosecution successfully proved the guilt of the accused for the crime of Murder beyond reasonable doubt.