GR 108293; (September, 1995) (Digest)
G.R. No. 108293 September 15, 1995
People of the Philippines, plaintiff-appellee, vs. Pat. David Manzano y Herilla, Romulo Ordoñez y Nabor, Jaime Balcorta y Manzano, Julito Barracas y Balcorta, accused-appellants.
FACTS
On July 11, 1991, armed men entered the residence of Felicidad Bairan in Quezon City. They hogtied the occupants and robbed cash and jewelry valued at over P1.4 million. During the robbery, accused-appellant Pat. David Manzano raped Susan Bairan. The accused were charged with robbery with rape. Only appellants Manzano, Ordoñez, Balcorta, and Barracas were arrested and tried.
At trial, prosecution witnesses, including the victims, positively identified the appellants as the perpetrators. The defense presented alibis. Manzano claimed he was on police duty, while Balcorta, Barracas, and Ordoñez asserted they were in Pangasinan during the incident. The trial court convicted all appellants of robbery with rape and sentenced them to reclusion perpetua, also ordering them to pay indemnities.
ISSUE
Whether the trial court erred in convicting the accused-appellants of robbery with rape based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The positive identification of the appellants by the victims, who had a clear view of them during the prolonged incident, prevails over their defenses. The defense of alibi is inherently weak and cannot overcome such direct and credible testimony. The alibis of Balcorta, Barracas, and Ordoñez were uncorroborated self-serving assertions. Manzano’s alibi, though corroborated by fellow police officers, remains unworthy of belief against the victims’ positive identification and because it was established mainly by comrades-in-arms.
Furthermore, conspiracy was sufficiently established. It need not be proven by direct agreement but can be inferred from the appellants’ concerted actions. They entered the house together, restrained the occupants, collectively ransacked the property for valuables, and, while Manzano committed rape, the others did nothing to stop it, thereby giving implicit assent. Their collective conduct before, during, and after the crime demonstrated a common criminal purpose. All elements of robbery with rape under Article 294(2) of the Revised Penal Code were proven beyond reasonable doubt.