G.R. No.

135919            May 9, 2003

PEOPLE OF THE PHILIPPINES, appellee,

vs.
DANNY DELOS SANTOS Y FERNANDEZ, appellant.

SANDOVAL-GUTIERREZ, J.:

Fact: On November 6, 1997, in the Municipality of San Jose, Del Monte,

Province of Bulacan, Philippines, appellant Danny Delos Santos Fernandez was
accused guilty with intent to kill Rod Flores Juanitas, with evident
premeditation, treachery and taking advantage of superior strength willfully
unlawfully and feloniously attack, assault and stab, hitting him on different
parts of his body which directly caused his death. That on November 1997, de
Leon witnessed the gruesome killing of Flores, while drinking thru men in
Sarmiento homes, San Jose del Monte, Bulacan.
Issue: Whether or not the testimonies of the witnesses are credible even after a
two-month period.

Held: Yes. The court ruled that the two-month delay is hardly an incidium of a
concocted story. It is but natural for witnesses to avoid being involved in a
criminal proceeding particularly when the crime committed is of such gravity
as to show the cruelty of the perpetrator. Born of human experience, he fear of
retaliation can have a paralyzing effect on the witnesses. Thus, in People vs.
Dacibar, we held that the initial reluctance of witnesses to volunteer
information about a criminal case is of common knowledge and has been
judicially declared an insufficient to affect credibility, especially when a valid
reason exists for such hesitance. Besides, settled is the rule that identification
prevails over alibi and denial. A decision is affirmed with modification.