G.R. No. 132353 - PEOPLE OF THE PHILIPPINES, VS. ALFREDO IBO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, trial ensued. The prosecution presented the following witnesses: Martina Pael, the wife of the victim, Cristobal Pael, the son of the victim, and Municipal Health Officer Dr. Rogelio Kadile. On the other hand, the defense presented Marcelino Cay, PO3 Ariston Ybarrista, SPO2 Nicanor Segismar, Rebecca Ebona, Jesus Benfijo and accused-appellant Alfredo Ibo. The prosecution's version of the events surrounding Librado Pael's death is as follows: At around 7:00 in the evening of December 31, 1995, in barangay Sta. Agueda, Pamplona, Negros Oriental, deceased victim Librado Pael (Librado) was at his home. Librado was with his wife Martina, his daughter-in-law and grandson having supper at the kitchen. Meanwhile, his son Cristobal was taking a rest on the bench nearby. [2] 2 From where he was, Cristobal had a view of the entire kitchen. [3] While eating, Librado was suddenly shot several times. Upon hearing the gunfire, Cristobal immediately arose and saw the accused at a small exit in the kitchen used by the family to get firewood. Librado asked, "What is that Tim?" (referring to his wife Martina Pael). Librado then stood up holding his armpit with his right hand saying, " Aguroy " (painful). [4] He walked towards the other end of the table where he was shot again in less than two (2) seconds from the first round of gunshots. Thereafter, Librado fell to the floor face down. Martina, upon hearing the gunfire, hid behind the curtains. From there, she saw the accused again shoot her husband who was then already on the floor. [5] The accused did the firing from the kitchen door. [6] Cristobal also saw accused fire a gun at the direction of his father during the second round of gunfire. [7] The kitchen at that time was illuminated by a petromax lamp which hung above the dining table. [8] Cristobal wanted to help his father but was held by his mother Martina for fear he too might be shot. After shooting Librado, accused-appellant ran towards the coconut and sugarcane fields. Librado was thereafter brought to the Negros Oriental Provincial Hospital, but he died on the way. The post-mortem report dated January 12, 1996 issued by Dr. Rogelio Kadile, Municipal Health Officer, who examined the corpse of Librado, shows that he sustained five (5) gunshot wounds on different parts of his body. [9] According to the medical report, the cause of death was hemorrhagic shock secondary to gunshot wounds. [10] After the victim's funeral, the witnesses lost no time in having their affidavits taken on January 5, 1995, just five (5) days after he was killed. Cristobal Pael named appellant as the killer. [11] For his part, the accused-appellant denied the murder charge and presents the defense of alibi. He claimed that on December 31, 1995, at the time the victim was shot, he was in Sitio Manaol, Barangay Sta. Agueda, Pamplona, Negros Oriental, attending a New Year's party at the home of his neighbor Jesus Bendijo. Bendijo's house is about three (3) kilometers from