Back

PEOPLE vs Magdaraog

PEOPLE OF THE PHILIPPINES, appellee, vs. HOMER MAGDARAOG y SALONA, MANUEL MAGDARAOG y SALONA, DAVID MAGDARAOG y SALONA and ARIEL MAGDARAOG y SALONA, accused. HOMER MAGDARAOG y SALONA and MANUEL MAGDARAOG y SALONA, appellants.

G.R. No. 151251 | 2004-05-19

D E C I S I O N




PANGANIBAN, J.:

The bare denial and alibi of the accused cannot prevail over the positive declarations of an eyewitness who credibly testified that they were the assailants. In the present case, these defenses are not only intrinsically weak, but also lack believable corroboration.

The Case

Homer and Manuel Magdaraog appeal the November 28, 2001 Decision[1] of the Regional Trial Court (RTC) of Pasig City (Branch 163) in Criminal Case No. 118229-H, finding them guilty of murder and sentencing them to reclusion perpetua. The dispositive part of the Decision is worded thus:

"WHEREFORE, accused Homer Magdaraog and...