GR 135145; (July, 2001) (Digest)
G.R. No. 135145 ; July 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAYMOND MAXION Y GASPAR, accused-appellant.
FACTS
On May 24, 1993, Ronald Himor, a bank teller, was about to cross the street with security escort Emmanuel Gargaceran after picking up a cash deposit of P1,464,644.75 from Hi-Top Supermarket. Two armed men approached them. One man, positioned behind Gargaceran, took his handgun, and the man in front shot Gargaceran in the chest, causing his death. The men then ordered Himor to release the bag containing the money, which he did. Ten days later, Himor assisted in creating a cartographic sketch of a suspect. On June 18, 1993, he identified a man in a group photo. Accused Raymond Maxion was arrested on June 21, 1993, and Himor positively identified him in a police line-up the next day. Maxion denied involvement, claiming he was at his residence in Taytay, Rizal, celebrating his wife’s birthday, a testimony corroborated by a neighbor. The Regional Trial Court convicted Maxion of robbery with homicide, sentencing him to reclusion perpetua and ordering him to pay various amounts to the supermarket and the victim’s heirs. Maxion appealed.
ISSUE
Whether the trial court erred in convicting accused-appellant Raymond Maxion of robbery with homicide based on the eyewitness identification and in spite of his defense of alibi.
RULING
The Supreme Court affirmed the conviction with modification. The prosecution proved all elements of robbery with homicide: the taking of personal property with violence, the property belonging to another, the taking with intent to gain, and the killing occurring on the occasion of the robbery. The Court found no material contradiction in eyewitness Himor’s testimony; his statement that he had no time to look at the robbers’ faces referred to the initial approach, but he was face-to-face with the accused when ordered to release the bag. The witness had no ill motive, and his identification was credible. The trial court’s findings on witness credibility are accorded great respect. The defense of alibi cannot prevail over positive identification. The Court modified the award of damages, increasing moral damages to P50,000.00 and deleting the award for burial expenses due to lack of supporting receipts. Accused-appellant is sentenced to reclusion perpetua and ordered to pay P1,464,644.75 to Hi-Top Supermarket, P50,000.00 as civil indemnity, and P50,000.00 as moral damages to the victim’s heirs.