G.R. No. 168173 , December 24, 2008.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FO1 FELIPE DELA CRUZ y REYES, AUDI DONA y BINAN, ALFREDO BARACAS y CONCEPCION, EDUARDO PALACPAC y ROSALES, BERNARDO RANARA y MORATALLA, JOEMARI DE LOS REYES y CONCEPCION, DOMINADOR RECEPCION y PALASO, and ROBERT ALFONSO y MARTIZANO, accused-appellants.

FACTS

The accused-appellants were charged with the special complex crime of robbery with homicide and robbery in band. The first incident occurred around 2:15 a.m. on July 28, 1999, at a Seven-Eleven Convenience Store in Quezon City. Armed appellants allegedly robbed the store, taking cash, cash registers, and cellphone cards. During the robbery, security guard Nestor Mayagma and customer Elmer Duque were shot and killed. Duque was also divested of his wallet. The second incident occurred around 1:45 a.m. the same day at a Petron Gas Station in Quezon City, where appellants, armed with unlicensed firearms, allegedly robbed cash and assorted products. Prosecution witnesses included store employees Joel Dizon and Joselito Herrera, who hid during the robbery and identified some appellants; Kuraishi Macapundag, who witnessed the shooting of Elmer Duque; Allan Taparano, a cook who saw part of the events; Conrado Marquez, Jr., a tricycle driver who transported some appellants after the crime; and Ruben Labajata, a jeepney driver who also transported them. The defense presented testimonies from appellants Jose Villanueva and Fire Officer 2 Edgardo Sambo. The Regional Trial Court found all accused-appellants guilty, imposing the death penalty for robbery with homicide and an indeterminate penalty for robbery in band. The Court of Appeals affirmed the decision, leading to this automatic review.

ISSUE

The core issue for review is whether the Regional Trial Court and the Court of Appeals correctly found the accused-appellants guilty beyond reasonable doubt of the special complex crime of robbery with homicide and robbery in band.

RULING

The Supreme Court affirmed the convictions but modified the penalties. It held that the prosecution proved the guilt of all accused-appellants beyond reasonable doubt for both crimes. The testimonies of prosecution witnesses were found credible and consistent, establishing the appellants’ participation in a conspiracy to commit robbery, which resulted in homicide. The defense of denial and alibi was rejected for being weak and uncorroborated. For robbery with homicide, the Court applied Article 294(1) of the Revised Penal Code. However, due to the passage of Republic Act No. 9346 prohibiting the death penalty, the penalty was reduced to reclusion perpetua without eligibility for parole. The appellants were also ordered to pay civil indemnity, moral damages, and temperate damages to the heirs of the victims. For robbery in band, the Court affirmed the indeterminate penalty imposed by the lower courts.