GR 130661; (June, 2001) (Digest)
G.R. No. 130661, June 27, 2001
People of the Philippines, plaintiff-appellee, vs. Danilo I. Torres @ Pang-ae, John Doe and Peter Doe, accused. Danilo I. Torres @ Pang-ae, accused-appellant.
FACTS
Accused-appellant Danilo I. Torres was charged with Robbery with Homicide before the Regional Trial Court of Kalibo, Aklan. The information alleged that on November 21, 1996, in Barangay Torralba, Banga, Aklan, accused, conspiring with two others while in camouflage fatigue and armed, used force and violence to rob Lorenzo A. Isagan, Jr. of cash and jewelry worth approximately P530,000.00. On the occasion of the robbery, and to enable the taking, they shot and killed Isagan, Jr. Upon arraignment, Torres pleaded not guilty. The prosecution presented witnesses Macky Galanao and Vicente Galanao, laborers of the victim. They testified that while on a trip to Libacao, a man (later identified as Torres) stopped their truck, approached the driver’s side, and shot Isagan, Jr. Two other armed men then appeared, ordered the helpers to lie face down, opened the truck’s door, and later fled towards the mountain carrying the victim’s blue bag. The witnesses identified Torres from photographs shown by the police. Dr. Edmundo Reloj conducted a post-mortem and found the cause of death to be hemorrhagic shock from multiple gunshot wounds. The defense presented alibi, claiming Torres was in Bohol at the time of the incident. The trial court found Torres guilty.
ISSUE
Whether the trial court erred in convicting accused-appellant Danilo Torres of the crime of Robbery with Homicide.
RULING
The Supreme Court affirmed the conviction with modification. The Court found the testimonies of the prosecution witnesses credible, consistent, and positive in identifying Torres as the perpetrator. The defense of alibi was rejected as it was not physically impossible for Torres to have been at the crime scene, and it cannot prevail over positive identification. The elements of Robbery with Homicide were established: (1) the taking of personal property with violence or intimidation; (2) the property belongs to another; (3) the taking is with animo lucrandi; and (4) on the occasion or by reason of the robbery, homicide was committed. The penalty for Robbery with Homicide is reclusion perpetua to death. With no aggravating or mitigating circumstances, the lower penalty of reclusion perpetua was imposed. The Court modified the damages, awarding P50,000.00 as civil indemnity for death instead of as actual or compensatory damages. The decision of the RTC was AFFIRMED WITH MODIFICATION.