G.R. No. 122733; October 2, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO SASAN BARIQUIT, CRISTITUTO SASAN BARIQUIT, BASELINO LASCUÑA REPE, EMEGDIO LASCUÑA, JR., accused-appellant.

FACTS

Accused-appellants Pedro Bariquit, Cristituto Bariquit, Emegdio Lascuña, Jr., and Baselino Repe were charged with Robbery with Homicide for the killing of spouses Simon and Corazon Hermida during a robbery in Naga, Cebu, on February 8, 1994. The prosecution’s primary witness was Rogelio Lascuña, who was discharged to become a state witness. Rogelio, a 14-year-old relative of all the accused, testified that the group planned to rob the Hermida spouses. He initially refused to participate but was compelled to accompany them under threat. He witnessed the accused, armed with bladed weapons, enter the victims’ house.
Rogelio recounted that he stayed outside but heard the commotion and the victims’ pleas. After the incident, the accused emerged with stolen items, including cash and a necklace. The trial court found the collective testimonies, including that of Rogelio and corroborating witnesses like SPO3 Lino Tapao and Dr. Florencio Ubas, credible. It established that the robbery and killings were perpetrated by the accused acting in conspiracy. The court convicted Pedro Bariquit, Cristituto Bariquit, and Emegdio Lascuña, Jr., sentencing them to death, while Baselino Repe, a minor, received a reduced penalty.

ISSUE

Whether the trial court erred in convicting the accused-appellants of the special complex crime of Robbery with Homicide based primarily on the testimony of state witness Rogelio Lascuña.

RULING

The Supreme Court affirmed the conviction. The legal logic rests on the credibility of the state witness and the establishment of conspiracy. Rogelio’s testimony was found credible, detailed, and consistent, even under rigorous cross-examination. The Court emphasized that the testimony of a single witness, if credible and positive, is sufficient for a conviction. Rogelio’s account was corroborated by physical evidence and the testimonies of other prosecution witnesses, including police officers and the medico-legal officer, which confirmed the violent deaths and the robbery.
The Court upheld the finding of conspiracy, as the accused’s collective actions—planning the robbery, proceeding together to the scene, armed with weapons, and executing the crime—demonstrated a community of criminal purpose. The fact that Rogelio was a relative of the accused did not diminish his credibility; instead, it underscored the truthfulness of his testimony, as it is unnatural for a relative to falsely accuse kin. The elements of Robbery with Homicide—the taking of personal property with violence or intimidation, and homicide committed by reason or on occasion of the robbery—were conclusively proven. The penalty of death was properly imposed, subject to automatic review, given the qualifying circumstance of the crime being committed in the dwelling of the victims without provocation.