G.R. No. 128816 & 139979-80, August 8, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO CABILTO y PACAYRA and ALFREDO MONTAJES y MALINAO, accused-appellants.

FACTS

Accused-appellants Alfredo Cabilto and Alfredo Montajes were charged with (1) violation of P.D. No. 532 (Highway Robbery) with homicide, (2) violation of P.D. No. 1866 (Illegal Possession of Firearms), and (3) attempted homicide. The charges stemmed from an incident on April 2, 1994, where accused-appellants and an unidentified cohort announced a hold-up on a passenger jeepney in Valenzuela, Metro Manila, and divested the passengers of their personal belongings. After the robbery, the victims reported the incident to the police. Accompanied by the victims, police officers SPO1 Leandro Santos and SPO1 Angeles Miranda pursued the suspects. Upon encountering the accused-appellants, Cabilto shot at SPO1 Santos but missed. During the ensuing chase, Cabilto shot and killed Jaime Dumago, who happened to block his way. Accused-appellants were apprehended, and a .38 caliber revolver and some stolen items were recovered. At the police station, they were positively identified by the victims. The trial court consolidated the charges, convicting them of the special complex crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code and sentencing them to reclusion perpetua. They were acquitted of the illegal possession of firearms and attempted homicide charges. Accused-appellants appealed, arguing that the prosecution failed to prove their guilt beyond reasonable doubt.

ISSUE

Whether the trial court erred in convicting accused-appellants of the crime of Robbery with Homicide despite the alleged failure of the prosecution to prove their guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The prosecution proved the guilt of accused-appellants beyond reasonable doubt. Three witnesses positively identified them as the perpetrators who robbed the jeepney passengers at gunpoint. The identification was unwavering and made at the police station immediately after their arrest, which was effected with the aid of the victims who joined the police chase. The trial court’s assessment of witness credibility is accorded the highest respect, as no improper motive was shown. The defense of alibi proffered by the accused-appellants was weak and could not prevail over the positive identification. The crime committed was properly characterized as the special complex crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code, as the homicide was committed by reason or on the occasion of the robbery. The penalty of reclusion perpetua was correctly imposed. The Court also affirmed the award of civil indemnity, damages for loss of earning capacity, moral damages, and exemplary damages to the heirs of the victim Jaime Dumago.