G.R. No. 103550 & G.R. No. 103551, July 17, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. C2C ROMERICO PORRAS Y CALICTO, accused-appellant. / PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR TAJORES y BOGUS alias “BUDDY”, ALFREDO DOCTOLERO y JOSE alias “FREDDIE”, WENEFRIDO DE LA SERA alias “BOY GOLDEN”, BILLY VASQUEZ y OLIVA alias “BONG” and RENATO SAMSON y ESPANOLA, accused-appellants.

FACTS

On September 25, 1989, the Bank of the Philippine Islands (BPI) Plaza Cervantes branch transferred excess cash totaling P7,800,000.00 to its Makati head office. The money, placed in sealed duffel bags, was loaded into an armored car (Plate No. NSZ-152) accompanied by a back-up car. The convoy, with bank personnel and Uniguard Security Agency guards, traveled along Arellano Street, Singalong, Manila. Midway, 5-6 armed men alighted from a red Ford Fiera, fired at the armored car, immobilizing it by shooting its tires and windshield, injuring the occupants (Lamberto Jose, Segundo Ramos, Emiliano Lopez, and Leonardo Reyes). The armed men, including accused Wenefrido de la Sera and Salvador Tajores, ordered the occupants out at gunpoint, forced them to lie face down, and took the money bags. A shootout ensued with responding law enforcement, resulting in the deaths of Pfc. Ben A. Bartolini and Pvt. Tony J. Bazer, and injuries to Sgt. Apolinario Castro. Accused-appellant Romerico Porras, a member of the Philippine Constabulary, was implicated as part of the conspiracy. Separate Informations were filed against Porras (Criminal Case No. 90-83742) and the other accused (Criminal Case No. 89-78007) for Qualified Highway Robbery (a special complex crime of highway robbery with homicide and physical injuries). The cases were not consolidated but tried jointly with an agreement for one decision. The Regional Trial Court convicted all accused, sentencing them to reclusion perpetua. They appealed.

ISSUE

The primary issue is whether the prosecution proved beyond reasonable doubt the guilt of the accused-appellants for the special complex crime of Qualified Highway Robbery (highway robbery with homicide and physical injuries).

RULING

The Supreme Court affirmed the convictions. It held that all elements of highway robbery were proven: (1) the robbery took place on a public highway (Arellano Street); (2) the accused were armed; and (3) the robbery was committed with violence or intimidation against persons. The taking of the P7.8 million from the armored car was established through witness testimonies and evidence. The homicides (deaths of Bartolini and Bazer) and physical injuries (to Jose, Ramos, and Castro) were proven to have resulted on the occasion of the robbery, making it a special complex crime under Article 294(1) of the Revised Penal Code. The defense of alibi and denial by the accused-appellants was rejected for being weak and unsubstantiated, especially in light of the positive identification by prosecution witnesses. The Court found the testimonies of the witnesses credible and consistent. The penalty of reclusion perpetua was correctly imposed as the death penalty was not applicable at the time of the commission of the offense.