G.R. No. 94065 - Siton y Ensalada vs. Court of Appeals

On the night of February 9, 1985, at around 11:00 p.m., Norberto Notar, a barangay tanod, was outside the Hair Works Beauty Salon near the corner of A. Francisco and Chromium Streets, Sta. Ana, Manila.
Present in the vicinity were Roberto Siton, Joey Calip (nephew of Notar), and Andres Borbon.
A group of seven to eight young men, including Roylan Holgado, passed by walking toward Chromium Street and a brief exchange of words occurred between Notar and Holgado.
A free-for-all melee ensued between Holgado's group and the group of Notar including Siton, Calip, and Borbon.
At the end of the melee both Holgado and Notar suffered stab wounds; Holgado sustained two stab wounds, one fatal, and later died at the Philippine General Hospital; Notar was hospitalized for a stab wound but later recovered.

Prosecution witness Bernardo Ferrer testified that at about 10:30 p.m. he and friends were at Aqua Marina and A. Francisco Streets when Holgado's group arrived and proceeded toward Chromium Street.
After hearing shouts, Ferrer proceeded to Chromium Street and saw Andres Borbon hit Holgado with a piece of wood.
Ferrer identified Roberto Siton alias 'Berting Tura' as stabbing Holgado once with an icepick on the right hip.
Ferrer testified that Joey Calip also stabbed Holgado once on the right side of the waistline with a kitchen knife.
Ferrer and others took the wounded Holgado to Philippine General Hospital where treatment proved futile and Holgado died.

Defense witness Mario Pahita, a cashier at Hair Works, testified that at about 11:00 p.m. he was in front of the salon with two beauticians and Notar; they saw Holgado's group walk past toward Chromium Street.
Pahita testified they later heard sounds like stones hurled on roofs, saw Holgado's group retreat, and that Notar advised them to go home; Holgado replied "Wala yon."
The lower court summarized that Holgado's companions resented Notar's advice, boxed Notar, all ganged up, Holgado stabbed Notar with an icepick, and Joey Calip stabbed Holgado two times in the right side of the stomach.
Defense witness Mario Baul, a member of Holgado's group, testified that Notar boxed Holgado and a free-for-all followed; Baul did not see Roberto Siton and stated he was somewhat drunk during the incident.

Roberto Siton asserted an alibi that he was in Cainta, Rizal, at his sister Miguela Siton Soliman's house from February 8, 1986 to February 15, 1986 to borrow money.
The Regional Trial Court of Manila, Branch XI, credited the positive identification by Bernardo Ferrer, discredited the alibi, and on March 1, 1988 found Roberto Siton guilty beyond reasonable doubt of homicide.
The RTC sentenced Siton to suffer an indeterminate penalty of twelve years prision mayor as minimum to seventeen years and four months reclusion temporal as maximum, less preventive detention, and to pay the heirs of Holgado P30,000 as ind...(Subscriber-Only)

Whether conspiracy existed among the participants so as to hold Roberto Siton criminally liable for homicide as a conspirator rather than individually for his own act.

Whether the positive identification of Roberto Siton by prosecution witness Bernardo Ferrer was sufficient to overcome the accused's alibi.