G.R. No. 109769 November 28, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN TAÑOTE, SALVADOR DELA CRUZ, SALVADOR TORRENTE and RODRIGO TAOC, accused. SALVADOR TORRENTE, accused-appellant.

FACTS

Accused-appellant Salvador Torrente, along with Juan Tañote, Salvador dela Cruz, and Rodrigo Taoc, was charged with Robbery with Homicide before the Regional Trial Court of Virac, Catanduanes. The information alleged that on August 22, 1987, in Barangay Inalmasinan, Caramoran, Catanduanes, the accused conspired to forcibly enter the house and store of Pastor Verano, Sr., rob him of Ten Thousand Pesos (P10,000.00), and on the occasion thereof, kill Pastor Verano, Sr. and his son, Pastor Verano, Jr. Three co-accused initially pleaded not guilty but later changed their plea to guilty and were sentenced to reclusion perpetua. Appellant Salvador Torrente remained at large, was later arrested, pleaded not guilty, and after trial, was also found guilty and sentenced to reclusion perpetua, with joint and several liability for damages.
The prosecution evidence established that around 7:00 PM on August 22, 1987, at the Verano residence, witness Miguel Solero was prevented from entering the gate by Rodrigo Taoc, who poked a gun at him, while appellant Salvador Torrente stood beside Taoc holding a flashlight. Solero recognized appellant as he had previously stayed with him for a week. Other accused were seen pushing the door of the store. Pastor Verano, Sr. opened the main door upon hearing a commotion and was held by Jesus Tapanan and Salvador dela Cruz. Juan Tañote entered through the kitchen, threatened Nery Verano and Pastor Verano, Jr. with a gun, and shots were fired, resulting in the deaths of Pastor Verano, Sr. and Pastor Verano, Jr. Appellant entered the kitchen and poked a gun at Nery Verano. The money from the store and the P10,000.00 for Verano Jr.’s trip were taken. The following morning, witness Francisco Padayao saw appellant, Tañote, dela Cruz, and Taoc at his hut in Maraubos. He observed dela Cruz’s hand was bleeding and appellant had two firearms. Appellant was overheard saying, “never mind, if our trip is unlucky, we got two and we lost one,” while making a gesture across his neck.
Appellant interposed the defense of alibi and mistaken identity, claiming he was in the forest of Maraubos gathering rattan with his family and others from August 13 to 25, 1987, and thus could not have been at the crime scene. He also testified that Nery Verano later commented he “seems not to be the person.”

ISSUE

The main issue is whether the trial court erred in finding appellant Salvador Torrente guilty beyond reasonable doubt of the crime of Robbery with Homicide, specifically in rejecting his defense of alibi and mistaken identity, and in not acquitting him on the ground of reasonable doubt.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the civil indemnity. The Court found no reason to deviate from the trial court’s assessment of witness credibility. The positive identification of appellant by eyewitness Miguel Solero, who had prior acquaintance with him, and by Nery Verano, who saw him inside her house poking a gun at her, prevailed over his defense of alibi. Alibi is inherently weak and cannot stand against positive identification. The Court also noted appellant’s flight after the incident as an indication of guilt. The claim of mistaken identity based on Nery Verano’s alleged comment was not substantiated. The crime committed was Robbery with Homicide under Article 294(1) of the Revised Penal Code, penalized with reclusion perpetua to death. The penalty of reclusion perpetua was correctly imposed. The civil indemnity for the death of each victim was increased to P50,000.00, for a total of P100,000.00. Appellant is jointly and severally liable with his three co-accused for P60,000.00 of this amount (per the prior award in the 1988 decision), and solely liable for the remaining P40,000.00.