G.R. No. 148730; June 26, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. JOSE DELA CRUZ y DACILLO, JAMES SALBORO y JOROLAN, EDWIN “BUTCH” GENER y CATEAN and ARNEL SAN PEDRO y TACOME, Appellants.

FACTS

On July 13, 1999, at around 1:15 a.m., a CFFTI bus driven by Terry Edma and conducted by Antonio Dormitorio was on its way to its garage in Quezon City. A group of seven men, including appellants Jose dela Cruz, James Salboro, Edwin Gener, and Arnel San Pedro, boarded the bus. An off-duty police officer, SPO1 Joven Avida Ebona, also boarded. While the bus was along Commonwealth Avenue, Salboro announced a holdup. San Pedro, armed with a gun, took the fare collections and wristwatch from Dormitorio. Dela Cruz ordered Edma to pull over, turned off the lights, and took his money, with Gener helping to rob the other passengers.
SPO1 Ebona, who had been dozing, was roused and yelled at the appellants. Upon realizing the situation, he found himself surrounded by armed men. A flurry of gunshots ensued, killing Ebona. The appellants fled with his service firearm. The driver reported the incident to the police. Subsequently, Edma and Dormitorio positively identified the appellants from photographs and during their arrests. The appellants raised the defense of denial and alibi, claiming they were elsewhere during the incident and did not know each other.

ISSUE

Whether the conviction of the appellants for the crime of robbery with homicide should be affirmed.

RULING

Yes, the conviction is affirmed. The Supreme Court upheld the trial court’s findings, emphasizing the primacy of the trial court’s assessment of witness credibility. The Court ruled that the positive identification of the appellants by eyewitnesses Edma and Dormitorio, who had a clear view of the incident under sufficient lighting conditions inside the bus, was categorical and consistent. Their testimonies detailed the specific roles each appellant played in the robbery and the subsequent shooting of SPO1 Ebona. This positive identification prevails over the weak defenses of denial and alibi, which were not substantiated by clear and convincing evidence. The Court found the collective actions of the appellants—the coordinated robbery using firearms, which directly resulted in the killing of a victim—constituted the special complex crime of robbery with homicide under Article 294 of the Revised Penal Code. The killing need not be for the purpose of the robbery; it is sufficient that it occurred by reason or on the occasion thereof. The penalty was reduced from death to reclusion perpetua in accordance with prevailing law. The appellants were also held jointly and severally liable for civil indemnities, damages, and restitution.