G.R. Nos. 127173-74. September 30, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRENETO CERVETO y CONTADO, JOHN DOE and PETER DOE, accused. FRENETO CERVETO y CONTADO, accused-appellant.

FACTS

Accused Freneto Cerveto y Contado, along with two unidentified accomplices (John Doe and Peter Doe), was charged with Robbery with Homicide and Frustrated Homicide before the Regional Trial Court of Valenzuela. The Information alleged that on July 10, 1995, they conspired to rob passengers of a Philippine Rabbit bus, taking P700.00 from conductor Sixto Comia and jewelry worth P17,000.00 from passenger Alfredo Torres. On the occasion of the robbery, they shot and killed SPO1 Leonardo San Diego and caused serious physical injuries to Bismarck Juinio y Sebastian. Cerveto was separately charged with Illegal Possession of Firearms under P.D. 1866 for having a .38 caliber “paltik” revolver without authority. Only Cerveto stood trial as his accomplices remained at large.
The prosecution evidence established that during the bus ride, Cerveto, wearing a green chaleko and seated at the back, announced the holdup. He pointed a gun at passengers while his companions divested them of valuables. A shootout ensued between SPO1 San Diego and one of the holdup men, resulting in their deaths. Cerveto’s other companions escaped. Cerveto remained inside, hid his gun under a seat, and later removed his chaleko. Responding police officers recovered the gun, holster, and vest. Four passengers identified Cerveto as one of the holdup men, and a PNP certification confirmed he was not a licensed firearm holder.
The defense presented an alibi, claiming Cerveto was at the Valenzuela police station inquiring about directions when he was forcibly brought to the bus, framed, and photographed with the gun.
The trial court convicted Cerveto of Robbery with Homicide, sentencing him to reclusion perpetua and ordering him to pay damages. He was also convicted of Illegal Possession of Firearms and sentenced to an indeterminate penalty. The court acquitted him of Frustrated Homicide due to insufficient evidence. Cerveto appealed.

ISSUE

The main issues are: (1) Whether the prosecution proved beyond reasonable doubt accused-appellant Freneto Cerveto’s guilt for the crime of Robbery with Homicide; and (2) Whether his conviction for Illegal Possession of Firearms should be affirmed or modified.

RULING

The Supreme Court AFFIRMED the conviction for Robbery with Homicide but MODIFIED the penalty for Illegal Possession of Firearms.
1. On Robbery with Homicide: The Court found the appeal without merit. The positive identification of Cerveto by prosecution witnesses, particularly bus conductor Sixto Comia who was only a meter away under sufficient lighting, was credible and conclusive. His defense of alibi was weak and could not prevail over positive identification. The fact that no stolen items were found on him and that he had a different destination from his accomplices did not disprove conspiracy, as the evidence showed a community of design in the execution of the robbery. His act of hiding the gun and removing his chaleko after the crime indicated consciousness of guilt. The killing of SPO1 San Diego occurred by reason or on the occasion of the robbery, making the crime Robbery with Homicide. The penalty of reclusion perpetua was affirmed, as was the award of P50,000.00 as death indemnity and P95,014.50 as actual damages to the victim’s heirs, plus P17,000.00 to Alfredo Torres.
2. On Illegal Possession of Firearms: The conviction was affirmed but the penalty was modified. Applying R.A. 8294, which was already in effect, the illegal possession of a firearm was absorbed by the Robbery with Homicide since the firearm was used in the commission of that crime. However, as the trial court imposed a separate penalty, and in line with the Indeterminate Sentence Law, the Supreme Court reduced the penalty to an indeterminate sentence of four (4) years and two (2) months as minimum, to six (6) years as maximum, both of prision correccional, and a fine of P15,000.00. The confiscation of the firearm in favor of the government was also ordered.