G.R. No. 111535, July 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO CAMPOS y ARMADO, RENATO DE LA CRUZ y BORAC, accused, RENATO DE LA CRUZ y BORAC, accused-appellant.

FACTS

On August 17, 1989, in Caloocan City, accused Alejandro Campos and Renato dela Cruz were charged with robbery with homicide. The information alleged that they conspired to rob Mercelina Alfaro Jacobe of P10,000.00, and on the occasion thereof, stabbed and killed her and also stabbed Felicidad Alfaro, which would have resulted in homicide were it not for timely medical intervention. Both accused pleaded not guilty. The prosecution established that on the night of August 16, 1989, Felicidad Alfaro and Mercelina Alfaro Jacobe were sleeping inside Maxim’s Mini Mart. Around midnight, Felicidad was awakened and stabbed. She recognized her assailant as Alejandro Campos, a frequent customer, and saw Renato dela Cruz, a former co-worker, standing near the door. Campos then proceeded to stab Mercelina, who was on the bed. The two accused then fled. Barangay officials later apprehended Campos, who was found running with a bloodied knife. Mercelina was pronounced dead on arrival at the hospital, and Felicidad underwent surgery. A bag containing P10,000.00 was found empty. Felicidad identified both accused at the hospital. Campos denied the stabbing, claiming dela Cruz emerged from the store, gave him a knife, and he was later apprehended. Dela Cruz denied involvement, alleging he was at home playing cards and that Campos implicated him out of envy. The Regional Trial Court convicted both accused of robbery with homicide with frustrated homicide and sentenced each to reclusion perpetua, with orders for indemnity. Only Renato dela Cruz appealed.

ISSUE

The main issue is whether the guilt of accused-appellant Renato dela Cruz for the special complex crime of robbery with homicide was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The Court held that the prosecution proved all elements of robbery with homicide: (1) the taking of personal property with intent to gain, (2) by means of violence or intimidation against a person, (3) on the occasion or by reason of the robbery, the crime of homicide was committed. The taking of P10,000.00 was established by the empty bag found after the incident. The killing of Mercelina and wounding of Felicidad were proven by medical evidence and eyewitness testimony. The Court found the testimony of Felicidad Alfaro credible, positive, and consistent in identifying both accused. Her testimony was corroborated by the physical evidence and the apprehension of Campos with a bloodied knife. The defense of denial and alibi by dela Cruz could not prevail over the positive identification. Conspiracy was inferred from their concerted actions inside the room. The Court corrected the trial court’s nomenclature, stating the crime is the special complex crime of robbery with homicide, regardless of the number of persons killed. The penalty of reclusion perpetua was affirmed. The Court modified the damages, increasing the civil indemnity for Mercelina’s death to P50,000.00, awarding moral damages of P50,000.00 to her heirs, and actual damages of P60,000.00 for Felicidad’s medical expenses, and ordering the return of the P10,000.00 or its value.