G.R. No. 53926 -29 November 13, 1989
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANUEL MATEO, JR., ET AL., defendants, ENRIQUE CONCEPCION, defendant-appellant.

FACTS

The case involves a series of robberies on June 4, 1971, culminating in the robbery of the American Express Bank inside the U.S. Naval Base in Sangley Point, Cavite City, and the killing of U.S. Marine First Lieutenant James Plumpowski. Among the numerous accused were several members of the Cavite City police department, including appellant Enrique Concepcion. They were charged before the Circuit Criminal Court with one count of Robbery in Band with Homicide (CCC-VII-843) and three separate counts of Robbery in Band (CCC-VII-844 to 846) related to the hijacking of a delivery truck and robberies of individuals during the criminal spree. After some co-accused pleaded guilty, a joint trial proceeded for the remaining accused, including Concepcion.
The trial court found Concepcion guilty on all counts. For Robbery with Homicide, he was sentenced to reclusion perpetua and ordered to pay indemnities. For the three counts of simple Robbery in Band, he was sentenced to an indeterminate penalty of 4 years, 2 months, and 1 day of prision correccional as minimum, to 4 years and 2 months of prision correccional as maximum, for each count. Concepcion appealed, challenging the credibility of witnesses and the sufficiency of evidence linking him to the crimes.

ISSUE

The primary issues were: (1) whether the prosecution proved Concepcion’s guilt for Robbery with Homicide and the three robberies beyond reasonable doubt, and (2) whether the penalties imposed for the three counts of Robbery in Band were correct.

RULING

The Supreme Court affirmed the conviction but modified the penalties for the three robbery charges. On the first issue, the Court upheld the trial court’s findings, ruling that the testimonies of prosecution witnesses, including a co-accused who turned state witness, were credible and consistent. Their positive identification of Concepcion as an active participant in the conspiracy to rob the bank and in the ensuing shootout that killed Lt. Plumpowski was deemed sufficient for conviction. The defense of alibi was correctly rejected for being weak and unsubstantiated.
On the second issue, the Court found the penalties for the three Robbery in Band cases (CCC-VII-844 to 846) erroneous. The prescribed penalty under Article 294(5) of the Revised Penal Code is prision correccional maximum to prision mayor medium (4 years, 2 months, 1 day to 10 years). Applying the Indeterminate Sentence Law, the minimum should be within the range of the penalty next lower in degree (arresto mayor maximum to prision correccional medium, or 4 months, 1 day to 4 years, 2 months). The trial court’s minimum of 4 years, 2 months, and 1 day exceeded this range. With two aggravating circumstances (band and use of a motor vehicle) and no mitigating circumstances, the maximum should be the full extent of the prescribed period. Thus, the correct indeterminate sentence for each of the three robbery counts is 4 years and 2 months of prision correccional as minimum, to 10 years of prision mayor as maximum. The Court also increased the civil indemnity for the homicide to P30,000.00. The judgment was affirmed with these modifications.