GR 129071; (January, 2000) (Digest)
G.R. No. 129071 January 31, 2000
PEOPLE OF THE PHILIPPINES, appellee, vs. ROBERTO MILLIAM alias “DIOTAY” and RICKY MILLIAM alias “BUROT”, accused-appellants.
FACTS
On the night of November 18, 1994, Army soldier Felix Demarayo was shot and killed while walking along Quezon Street, Iloilo City. Two men, later identified as accused-appellants Roberto and Ricky Milliam, blocked his path. Ricky initially shot Demarayo, and after a brief struggle where Roberto kicked the victim, Roberto shot the fallen soldier twice in the chest at close range. The assailants then took Demarayo’s M-16 rifle and casually walked away from the crime scene. Two eyewitnesses, tricycle driver Rolando Santos and trisikad driver Napoleon Torres, witnessed the shooting. Both independently identified the Milliam brothers to the police, with Santos doing so after the assailants boarded his tricycle to flee, and Torres after seeing them at the scene.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellants for the complex crime of Robbery with Homicide beyond reasonable doubt, particularly challenging the credibility and identification made by the eyewitnesses.
RULING
The Supreme Court affirmed the conviction. The positive identification by eyewitnesses Santos and Torres, who had a clear view of the incident under a well-lighted street and at close range, prevails over the defenses of denial and alibi. The Court found their testimonies credible, consistent, and corroborative of each other on material points. The witnesses had no ill motive to falsely testify, and their conduct after the crime—initially failing to help due to fear but later reporting to the police—was deemed natural. The Court also upheld the trial court’s assessment of witness credibility, which is accorded great respect. The taking of the rifle, which was the main objective, and the killing, which was perpetrated by the same act to facilitate the robbery, constituted the single, indivisible crime of Robbery with Homicide under Article 294 of the Revised Penal Code. The Court modified the penalty to reclusion perpetua, as the death penalty was not yet mandatory at the time, and affirmed the awards for civil indemnity, actual damages, and the value of the stolen rifle.