GR 189820; (October, 2012) (Digest)
G.R. No. 189820; October 10, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ALBERTO M. BASAO, et al., Accused, JOVEL S. APOLE, ROLANDO A. APOLE, and RENATO C. APOLE, Accused-Appellants.
FACTS
On January 23, 2003, at around 7:30 p.m., five armed men entered the residence of spouses Yasumitsu and Emelie Hashiba in Barangay Bunga, Lanuza, Surigao del Sur. Announcing themselves as members of the New People’s Army, they demanded money. Accused-appellants Jovel, Renato, and Rolando, all surnamed Apole, were positively identified by Emelie as among the perpetrators. The group took cash and jewelry valued at approximately ₱78,000.00 from the couple. Dissatisfied with the loot, they demanded a ransom of three million pesos and, despite Emelie’s offer to be taken hostage, forcibly took Yasumitsu Hashiba with them, threatening to kill him if the ransom was not produced.
The accused-appellants, along with several co-accused, were charged with Robbery with Violence Against or Intimidation of Persons by a Band and Kidnapping for Ransom and Serious Illegal Detention. The Regional Trial Court found them guilty on both counts. The Court of Appeals affirmed the convictions but modified the penalties and awarded damages. The accused-appellants appealed to the Supreme Court, arguing that the prosecution failed to prove their guilt beyond reasonable doubt and questioning the credibility of the eyewitness identification.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellants for Robbery with Violence Against or Intimidation of Persons by a Band and Kidnapping for Ransom and Serious Illegal Detention.
RULING
The Supreme Court denied the appeal and affirmed the convictions. On the issue of identification, the Court upheld the positive and categorical testimony of Emelie Hashiba, who had a clear and unobstructed view of the accused-appellants during the well-lit robbery inside her home. The Court emphasized that her identification during trial, where she pointed to the accused-appellants in open court, was credible and reliable. The defense of alibi proffered by the accused-appellants was correctly rejected as it could not prevail over positive identification, especially since they failed to prove it was physically impossible for them to have been at the crime scene.
Regarding the crimes committed, all elements of Robbery with Violence Against or Intimidation of Persons by a Band were present: there was unlawful taking of personal property with intent to gain, accomplished through intimidation by a band of more than three armed malefactors. Similarly, all elements of Kidnapping for Ransom and Serious Illegal Detention were proven: Yasumitsu was deprived of his liberty, the detention lasted for more than five days, and it was carried out for the purpose of extorting ransom. The Court found the testimonial and documentary evidence, including ransom-related communications, conclusive. The penalties and awards of damages imposed by the Court of Appeals were affirmed as being in accordance with law and jurisprudence.