G.R. No. 133579 May 31, 2000
People of the Philippines, plaintiff-appellee, vs. Rogelio Contega y Florendo, accused-appellant.

FACTS

Accused-appellant Rogelio Contega was convicted by the Regional Trial Court of robbery with homicide for the death of Isauro Barba. The prosecution evidence showed that on April 27, 1994, Barba was found critically injured in the bodega of his restaurant. Before his death, he allegedly identified his assailant as “Rogelio,” a former piece-meal worker who had been fired a month prior on suspicion of theft. Barba’s wallet, containing P1,500.00, was missing. The autopsy revealed he died from hemorrhagic shock due to multiple punctured wounds. Contega was apprehended the following morning.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that Contega committed the complex crime of robbery with homicide.

RULING

The Supreme Court reversed the conviction and acquitted Contega. The legal logic centered on the insufficiency of evidence to prove both the robbery and Contega’s identity as the perpetrator. For a conviction of robbery with homicide, the robbery must be established as conclusively as any other element. Here, the evidence of robbery was not conclusive; the missing wallet was not recovered, and no witness saw the taking. The alleged dying declaration identifying “Rogelio” was insufficient. The statement was ambiguous, as it did not categorically name the accused-appellant with his full name or other unique identifiers in a context free from leading questions. Mere reference to a common first name, without more, does not meet the stringent requirement for positive identification. The prosecution failed to present any other evidence, like an eyewitness or recovered property, linking Contega to the crime. Consequently, his guilt was not proven beyond reasonable doubt, warranting acquittal.