G.R. No. 118240 October 28, 1997
People of the Philippines, plaintiff-appellee, vs. Giovani Bajar y Cabog, accused-appellant.

FACTS

Giovanni Bajar y Cabog was convicted by the Regional Trial Court of Manila, Branch 12, of robbery with homicide for the killing of Ramon Mallari and was sentenced to reclusion perpetua. He was also ordered to pay P20,700.00 as actual damages and P50,000.00 as civil indemnity. The information alleged that on September 11, 1990, in Manila, Bajar, conspiring with three others, armed with firearms and bladed weapons, shot and killed Ramon Mallari and took P20,200.00 from him by shouting “Walang makikialam. Holdup ito.” The prosecution later moved to amend the amount taken to P20,700.00. The victim, Ramon Mallari, helped tend his family’s grocery store at the Pritil market. On the day of the incident, the store’s proceeds were P18,500.00. An eyewitness, Melchor Santos, a sidecar driver, testified that he heard a gunshot, saw Mallari shot and crawling under a Ford Fierra, then saw the assailant pull Mallari out and shoot him again. Santos stated that the assailant stared at him before walking away. Santos later identified Bajar from a police lineup, stating he had seen Bajar around the Pritil market about three times a week before the incident. Mallari died from three gunshot wounds, including a fatal one to the left lung. Aside from the store’s proceeds, the victim also lost his wallet containing P1,000.00 and a wedding ring worth P1,200.00. Bajar interposed denial and alibi, claiming he was employed at a rice supply store in Caloocan City on the date of the incident and was arrested on October 3, 1990. His former employer, Ricardo Pateña, corroborated his alibi, stating Bajar was at his store from morning until evening on September 11, 1990.

ISSUE

The main issues raised on appeal were: (1) Whether the trial court erred in finding the accused-appellant guilty beyond reasonable doubt of robbery with homicide despite the alleged lack of positive identification by the lone prosecution witness; and (2) Whether the trial court erred in ordering the accused-appellant to pay the heirs of Ramon Mallari the amounts of P20,700.00 as actual damages and P50,000.00 as death indemnity.

RULING

The Supreme Court modified the judgment of the trial court. It upheld the positive identification of Bajar by eyewitness Melchor Santos as the gunwielder who killed the victim, finding Santos’ testimony clear and credible. The Court rejected Bajar’s defense of alibi, noting it was not physically impossible for him to have been at the crime scene. However, the Court found that the prosecution failed to prove the robbery component of the crime beyond reasonable doubt. The evidence did not conclusively establish that the killing was by reason or on the occasion of a robbery. The testimony regarding the stolen money and items came from the victim’s mother, who had no personal knowledge of the actual taking, and there was no direct evidence that the accused took the property. Consequently, the Court held that the crime committed was homicide, not robbery with homicide. Applying the Indeterminate Sentence Law and considering the absence of mitigating or aggravating circumstances, the Court sentenced Bajar to an indeterminate penalty of nine (9) years of prision mayor, as minimum, to fifteen (15) years and four (4) months of reclusion temporal, as maximum. The Court affirmed the award of P50,000.00 as civil indemnity to the victim’s heirs but deleted the award of P20,700.00 as actual damages due to insufficient proof.