GR 177753; (September, 2009) (Digest)
G.R. No. 177753 September 25, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. BENJAMIN OCAMPO, Appellant.
FACTS
Benjamin Ocampo was charged with Murder for the stabbing death of Ruben Ngo on October 9, 2003, in Baguio City. The prosecution presented eyewitnesses, including the victim’s wife Rosemarie Ngo and store owner Mary Ann Lombay, who testified that while the victim and his wife were at a market stall, appellant suddenly pushed between them and stabbed Ngo in the neck with a kitchen knife before walking away. The victim died two hours later from hemorrhagic shock. The post-mortem examination confirmed a deep stab wound on the neck that severed major blood vessels.
Appellant denied the accusation, interposing alibi and claiming he was drinking at a memorial park and later at a beerhouse during the time of the incident. He alleged he was framed by a Chinese syndicate he was exposing. The Regional Trial Court convicted him of Murder, sentenced him to reclusion perpetua, and ordered him to pay damages. The Court of Appeals affirmed the conviction but modified the awarded damages.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s conviction for Murder based on the positive identification by eyewitnesses and the presence of treachery.
RULING
The Supreme Court affirmed the conviction. The positive identification by two credible eyewitnesses, who had a clear and unobstructed view of the incident in a well-lit public market, prevailed over appellant’s weak alibi. For alibi to prosper, the accused must prove not only that he was elsewhere when the crime occurred but that it was physically impossible for him to be at the scene. Appellant failed to establish this impossibility.
Regarding the qualifying circumstance of treachery, the Court found it present. The attack was sudden and unexpected, delivered from behind the victim while he was engaged in a mundane activity with his wife, giving him no opportunity to defend himself. The manner of execution—a single, forceful stab to a vital area—directly and specially ensured the accomplishment of the killing without risk to the assailant. The Court sustained the penalty of reclusion perpetua and, following prevailing jurisprudence, awarded civil indemnity, moral damages, and exemplary damages, while temperate damages replaced the unsubstantiated portion of the actual damages.