G.R. No. L-66884 May 28, 1988
PEOPLE vs TEMBLOR
TOPIC: MOTIVE; PROOF THEREOF NOT ESSENTIAL WHEN ACCUSED IS IDENTIFIED.
FACTS:
-On Dec. 30, 1980, at around 7:30 pm in Brgy. Talo-ao, Buenavista, Agusan del Sur, TEMBLOR
bought a half-pack of Hope cigarettes from the store of JULIUS CAGAMPANG. While the
latter was opening the pack, a gunshot was heard and CAGAMPANG fell to the floor with a
gunshot wound in the head. The accused, together with another, barged into the room,
demanding the firearms of the victim from his wife. Before fleeing with the victim’s .38 caliber
gun, TEMBLOR fired two more shots.
-On Aug. 1981, during the mass surrender of dissidents, TEMBLOR, who was a member
of the NPA surrendered to Mayor Dick Carmona. On Nov. 26, 1981, he was arrested by the
Buenavista Police at the public market and detained at the municipal jail where he was
positively identified by VICTORIA CAGAMPANG, the victim’s widow. TEMBLOR’s defense was
an alibi. According to him, on the said date, he and his father had been in the house of SILVERIO
PEROL in Brgy. Camagong. VICENTE TEMBLOR alias “Ronald” appealed the judgment of CFI of
Agusan del Norte and Butuan City convicting him for murder and sentencing him to the penalty
of reclusion perpetua.
ISSUE:
WON motive is essential in convicting Temblor.
DECISION:
The decision of the of lower court affirmed except as to the civil indemnity payable to the heirs
of the Julius Cagampang which is increased to P30,000.00.
RATIO DECIDENDII:
Motive is not essential when culprit has been identified. Fact that accused has knowledge of
the deceased’s firearm is sufficient enough for motive. The fleeing of the accused after
killing and taking CAGAMPANG’s firearm implies admission of guilt. Accused’s alibi cannot
prevail over the positive identification of the witness who had no base motive to accuse him of
the crime.
In order for alibi to be acceptable as a defense, it is not enough for the appellant to be
elsewhere when the crime was committed, but it must be proven beyond reasonable
doubt that it was physically impossible for him to be at the scene of the crime. Nasipit is
accessible to Talo-ao by jeep or tricycle for 15 to 20 minutes.