G.R. No. 175978 February 12, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SAMUEL ALGARME y BONDA @ “Stingray” (deceased) and RIZALDY GELLE y BISCOCHO, Accused-Appellants.

FACTS

The accused-appellants, Samuel Algarme and Rizaldy Gelle, were charged with the special complex crime of robbery with homicide for the killing of tricycle driver Loreto Batarilan on September 19, 1995, at Cadiz City Park. The prosecution presented witnesses: Rudy Pepito testified that at around 2:45 a.m., while riding a tricycle, he saw three persons stabbing an old man near a parked tricycle; he identified one assailant as “white and tall” and the other two as “short.” He later identified the assailants at the city jail. Dr. Jimmily Aguiling conducted the autopsy and found twelve stab wounds, four fatal, with the cause of death being cardio-pulmonary arrest due to hypovolemic shock from multiple stab wounds. Norman Palma, a fellow tricycle driver, testified that he saw the victim driving his tricycle and later saw the victim’s body on the street; he also saw appellants Rizaldy and “Stingray” (Samuel) and another person walking away from the scene carrying a belt bag. PO3 Landolfo Acita responded to the crime scene and found the victim’s body and a blood-stained tricycle. Alicia Batarilan, the victim’s wife, testified that her husband carried a belt bag with money and wore a Seiko watch when he left for work. The defense presented only Rizaldy Gelle, who denied involvement, claiming he was watching billiards at the time and was later arrested without basis. The Regional Trial Court convicted both appellants of robbery with homicide and imposed the death penalty. The Court of Appeals affirmed the conviction with modification. Samuel Algarme died during the appeal, leading to the dismissal of the case against him.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of the accused-appellants for the crime of robbery with homicide.

RULING

The Supreme Court affirmed the conviction of Rizaldy Gelle for the special complex crime of robbery with homicide. The Court found the testimonies of prosecution witnesses credible and consistent, establishing the appellants’ guilt beyond reasonable doubt. The positive identification by eyewitness Rudy Pepito, corroborated by Norman Palma’s testimony, was deemed credible and sufficient for conviction. The defense of denial and alibi by Rizaldy Gelle was weak and uncorroborated. The Court modified the penalty, imposing reclusion perpetua instead of the death penalty, as the circumstances did not warrant the supreme penalty. The award of damages was also modified in accordance with prevailing jurisprudence. The case against Samuel Algarme was dismissed due to his death pending appeal.