G.R. No. 129295 ; August 15, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDWIN MORIAL, LEONARDO MORIAL alias “CARDING” and NONELITO ABIÑON alias “NOLY”, defendants-appellants.

FACTS

On the evening of January 6, 1996, in Barangay Cagnituan, Maasin, Southern Leyte, Paula Bandibas and her three-year-old grandson Albert were killed in their home. Eyewitness Gabriel Guilao testified that while passing near the house, he heard Paula pleading for her life and offering money. He saw accused Nonelito Abiñon slap Paula, after which Edwin Morial stabbed her. He also saw Leonardo Morial outside and later heard the sound of a stone crushing flesh, consistent with the child’s death. The three accused remained in the house for about ten minutes before leaving. The common-law husband of Paula, Benjamin Morial, discovered the crime scene the next day, finding the house ransacked and the victims dead. He reported that P11,000.00 was missing from a money box.
The police investigation led to the arrest of Edwin and Leonardo Morial. Leonardo executed an extra-judicial confession, with the assistance of counsel, detailing the robbery and killings. Dr. Teodulo Salas conducted the post-mortem, finding Paula died from hemorrhages due to an incised wound on the neck and stab wounds, while Albert died from head wounds caused by a hard object like a stone. The three accused were charged with Robbery with Homicide.

ISSUE

The core issue is whether the guilt of appellants Edwin Morial, Leonardo Morial, and Nonelito Abiñon for the crime of Robbery with Homicide was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The prosecution successfully established all elements of Robbery with Homicide: (1) the taking of personal property with intent to gain, (2) with violence or intimidation against persons, (3) and that the robbery resulted in homicide. The eyewitness account of Gabriel Guilao was found credible, consistent, and unwavering even under cross-examination. His testimony positively identified all three appellants as perpetrators. The Court rejected the defense of alibi, noting it cannot prevail over positive identification. The taking of P11,000.00 was established through Benjamin Morial’s testimony, and the intent to gain was inferred from the ransacking of the house and the missing cash immediately after the violent attack.
The extra-judicial confession of Leonardo Morial, given with counsel present, was admissible and corroborated the eyewitness account, further strengthening the case for conspiracy. All three appellants acted in concert to achieve their common criminal purpose. The killing of two persons constituted a single special complex crime of Robbery with Homicide. The Court modified the penalties: Edwin Morial and Leonardo Morial were sentenced to death, which was affirmed. However, as Nonelito Abiñon was a minor at the time of the commission of the crime, the penalty was reduced to reclusion perpetua in accordance with the provisions of the Revised Penal Code on privileged mitigating circumstances of minority. Civil indemnity and damages were also awarded to the heirs of the victims.