GR 142855; (March, 2004) (Digest)
G.R. No. 142855; March 17, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. HENRY ALICNAS, appellant.
FACTS
On September 23, 1998, in Baguio City, Rogelio Alsagar and Hector Bautista were sleeping inside their parked delivery truck after completing their work. At around 5:00 a.m., Alsagar was awakened by appellant Henry Alicnas, who pointed a .38 caliber gun at him and declared a hold-up. Alicnas, wearing a black bonnet, had two companions. Fearing for their lives, Alsagar opened the door. Alicnas boarded, ordered Alsagar to stand, and divested him of ₱5,700. Meanwhile, Alicnas’s companions opened the driver’s side door and struggled with Bautista. A gunshot ensued, fatally hitting Bautista. The assailants then fled.
The police and a medico-legal officer responded. The autopsy confirmed Bautista died from a gunshot wound, with a .38 caliber slug recovered. Based on Alsagar’s description, a police cartographer made a sketch of the suspect. Later, police officers noted Alicnas’s resemblance to the sketch after his arrest for a different offense. Alsagar positively identified Alicnas from a police lineup as the armed robber.
ISSUE
Whether the prosecution proved beyond reasonable doubt the guilt of appellant Henry Alicnas for the crime of robbery with homicide.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the positive identification by eyewitness Rogelio Alsagar to be credible, categorical, and consistent. Alsagar had a clear view of the appellant inside the illuminated truck during the prolonged robbery sequence and provided a detailed description that led to the cartographic sketch. His subsequent lineup identification was unequivocal. The defense of alibi, claiming the appellant was elsewhere at the time, was inherently weak and could not prevail over this positive identification. The alibi was not corroborated by credible evidence and the supposed witness testimony was deemed dubious by the trial court.
The killing of Hector Bautista occurred by reason or on the occasion of the robbery, as the violence was employed to facilitate the taking of the money and to overcome the victim’s resistance. This confluence of crimes constitutes the special complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code. The Court modified the civil aspect of the trial court’s decision, ordering the appellant to restitute ₱5,000 to Manila Forwarders Corporation and ₱700 to Rogelio Alsagar. The penalty of reclusion perpetua was affirmed.