G.R. No. 88915 . December 14, 1992.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERTO IRAN Alias “BERTONGKOY”, JOHN DOE and PETER DOE, accused-appellants.

FACTS

Accused-appellant Berto Iran, alias “Bertongkoy,” was convicted by the Regional Trial Court of Cebu City for the special complex crime of Robbery with Homicide. The Information alleged that on June 11, 1987, between 7:00 and 8:00 p.m., in Cebu City, accused-appellant, together with two unidentified accomplices (John Doe and Peter Doe), armed with bladed instruments, conspired to rob Astroluna Castro in her dwelling. They took a VHS worth P16,000 and a Seiko lady’s watch worth P1,200, and in the commission of the robbery, stabbed and killed Castro. Only Iran was arraigned and tried, as the other accused remained at large.
The prosecution’s case, based on circumstantial evidence, established the following: On June 11, 1987, around 5:00 p.m., ten-year-old Raymond Duran and other children were playing basketball near Castro’s house. At around 7:00 p.m., they overheard Iran ask a teenager named Jack about the whereabouts of Castro’s son, Percival “Sonny” Castro. Jack replied that Sonny was not home. Shortly after, Duran and another boy, Norman Aring, saw Iran climb over the fence into the Castro premises. Later that evening, around 9:30 p.m., a neighbor, Eduardo Rusiana, encountered Iran, who asked him to check on Mrs. Castro to see if she was still alive, confessing that he had stabbed her when she saw him inside her house. Rusiana, along with others, went to the Castro house and found Castro dead, hogtied and half-naked. Sonny Castro confirmed that a VHS machine and his mother’s Seiko watch were missing. Iran was arrested on July 8, 1987, after an anonymous tip, and an icepick was found concealed on his person during the arrest.
The defense relied on alibi and denial, claiming Iran was in Bogo, Cebu, from May 25, 1987, attending a fiesta and fishing on June 11, 1987, and only returned on June 21, 1987. He stated that upon his father’s advice, he hid at his sister-in-law’s house in Banilad after learning the police were looking for him. He denied confessing to Rusiana and claimed the icepick was not recovered from him.

ISSUE

Whether the circumstantial evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that accused-appellant Berto Iran committed the crime of Robbery with Homicide.

RULING

Yes. The Supreme Court affirmed the conviction, holding that the circumstantial evidence adduced by the prosecution sufficiently satisfied the quantum of proof necessary for conviction. The Court outlined the established circumstances: (1) Iran inquired about the victim’s son’s whereabouts near the crime scene; (2) he received assurance the son was not home; (3) he was seen climbing the fence into the Castro premises; (4) the victim’s time of death coincided with his presence; (5) he confessed to Rusiana shortly after the crime; (6) Rusiana immediately reported this to the victim’s son; (7) the victim was found fatally stabbed and hogtied, with properties missing; (8) Iran fled and hid after the crime; and (9) he initially denied his identity upon arrest. These circumstances, consistent with each other and with the hypothesis of guilt, and inconsistent with innocence, met the requirements for conviction based on circumstantial evidence. The defense of alibi and denial could not prevail over the positive circumstantial evidence and indications of flight. The appealed decision was affirmed with the modification that the civil indemnity was increased to P50,000.00.