GR 134605; (March, 2002) (Digest)
G.R. No. 134605 March 12, 2002
The People of the Philippines, plaintiff-appellee, vs. Orlando Dinamling, Fernando Dinamling, Jacinto Linnam and Jose Dinamman, accused-appellants.
FACTS
On June 8, 1995, in Cordon, Isabela, accused-appellants Orlando Dinamling, Fernando Dinamling, Jacinto Linnam, and Jose Dinamman, all armed, conspired to rob the house and sari-sari store of spouses Charlie and Marilyn Pajarillo. The group, with intimidation and violence, took cash and merchandise. During the robbery, Charlie Pajarillo, Deogracias Acosta, and Rogelio Malalay were ordered to lie down outside. Charlie managed to escape, but Acosta and Malalay were shot and killed. Marilyn Pajarillo was taken hostage but later released. Witnesses, including Marilyn and the young Rosemarie Malalay, positively identified the accused.
The accused interposed the defenses of denial and alibi, claiming they were elsewhere during the incident. The trial court found the prosecution witnesses credible and their testimonies consistent, establishing the identities of the perpetrators and the details of the crime. The court convicted all four accused of Robbery with Double Homicide and imposed the death penalty, prompting this automatic review.
ISSUE
Whether the trial court correctly convicted accused-appellants of the complex crime of Robbery with Homicide and properly imposed the penalty of death.
RULING
Yes, the conviction is affirmed. The Supreme Court upheld the finding of guilt beyond reasonable doubt. The positive identification by eyewitnesses Marilyn Pajarillo and Rosemarie Malalay, who had no ill motive to falsely testify, prevails over the weak defenses of denial and alibi. The witnesses provided clear, consistent, and credible accounts of the robbery and the subsequent killings. The crime committed is the special complex crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code, as the homicides were committed by reason or on the occasion of the robbery.
The penalty for Robbery with Homicide is reclusion perpetua to death. The presence of the aggravating circumstance of band, as more than three armed malefactors acted together, was properly appreciated. With no mitigating circumstance to offset it, the imposition of the supreme penalty of death was correct under the law. However, pursuant to prevailing jurisprudence, the award of civil indemnity to the heirs of each victim is increased to P75,000.00, and moral damages to P75,000.00. The death penalty is affirmed, subject to the automatic review for possible executive clemency.