G.R. No. 104891 February 6, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONNIE MALLARI, JAIME RUEDA, alias “JIMMY” and FEDERICO GARCIA alias “BINO GARCIA”, accused-appellants.

FACTS

Accused-appellants Ronnie Mallari, Jaime Rueda, and Federico Garcia, along with an at-large accused Manuel Mallari, were charged with Robbery with Homicide. The information alleged that on September 7, 1989, in Olongapo City, they conspired to rob the house of Atty. Feliciano Javier, and on the occasion thereof, killed him. The prosecution evidence established that Manuel Mallari first gained entry into the Javier residence by deception. He then let in his companions. Ronnie Mallari threatened the maid, Priscilla Loremas, with a knife. The group proceeded upstairs where Federico Garcia stabbed Atty. Javier and Jaime Rueda struck him with a hammer. The maids and a child were tied up. The house was ransacked, and cash, jewelry, and guns were taken. Atty. Javier, after identifying his attackers to his wife, died from his wounds. Appellants raised alibis and challenged the evidence of conspiracy and their identification.

ISSUE

Whether the guilt of the accused-appellants for the crime of Robbery with Homicide was proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The positive identification by prosecution witness Priscilla Loremas, who knew the appellants as employees of the victim’s nightclub, was clear, credible, and convincing. The appellants’ alibis were rejected as they failed to prove it was physically impossible for them to be at the crime scene. Conspiracy was duly proven by the appellants’ collective and cooperative actions in executing the robbery and killing, demonstrating a common criminal design. The act of one is the act of all. The trial court’s decision sentencing them to reclusion perpetua and ordering indemnity was affirmed in toto.