G.R. No. 138022; August 23, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO FRANCISCO y ADRIANO, ROMEO ROMERO y ASIADO, and SALVADOR GREGORIO (at large), accused, ROMEO ROMERO y ASIADO, accused-appellant.

FACTS

Accused-appellant Romeo Romero y Asiado, together with Pedro Francisco and Salvador Gregorio (at large), was charged with the complex crime of robbery with homicide. The amended information alleged that on October 15, 1991, in Quezon City, the accused conspired and, with intent to gain and by means of violence and intimidation, robbed the residence of Ping Yan Luey. They barged into the house, hogtied Purita Luey y Santos with an icepick pointed at her, and took various valuables and cash totaling approximately P75,000. On the occasion of the robbery, they stabbed Purita Luey y Santos, causing her death. Pedro Francisco was initially apprehended and pleaded not guilty but later changed his plea to guilty to the lesser offense of robbery with physical injuries. Romeo Romero was apprehended two years later and pleaded not guilty. The prosecution presented witnesses, including Carlos Obal (the victim’s cousin and gardener), who testified that he saw the three accused hurriedly leaving the victim’s house carrying bags on the morning of the crime. He identified them, knowing Francisco and having previously seen Romero. SPO2 Rodrigo Mendez, the investigating officer, testified to the crime scene’s condition, finding the victim’s body bound and the house ransacked. The victim’s husband, Ping Yan Luey, testified about the missing items. Dr. Dario Gajardo’s autopsy report detailed 34 injuries, including multiple stab wounds, and concluded the cause of death was cardio-respiratory arrest. The defense presented alibi witnesses, including Romero’s mother and sister, who claimed he was at home at the time of the crime.

ISSUE

The primary issue is whether the prosecution proved the guilt of accused-appellant Romeo Romero for the complex crime of robbery with homicide beyond reasonable doubt.

RULING

The Supreme Court affirmed the decision of the Regional Trial Court, finding accused-appellant Romeo Romero y Asiado guilty of the complex crime of robbery with homicide. The Court held that the positive identification by prosecution witness Carlos Obal, who had no motive to falsely testify, prevailed over the defense of alibi. Obal’s testimony was clear, straightforward, and consistent. The Court found that the evidence established conspiracy among the accused, as their collective actions demonstrated a common purpose to commit robbery and homicide. The killing was perpetrated on the occasion of the robbery, as evidenced by the ransacked house, missing valuables, and the victim’s bound body with multiple stab wounds. The Court sentenced accused-appellant to reclusion perpetua and ordered him to pay civil indemnity, moral damages, and actual damages to the heirs of the victim.