G.R. No. 191752 ; June 10, 2013
PEOPLE OF THE PHILIPPINES, Appellee, vs. JOSE ARMANDO CERVANTES CACHUELA and BENJAMIN JULIAN CRUZ IBANEZ, Accused. BENJAMIN JULIAN CRUZ IBANEZ, Accused-Appellant.

FACTS

On July 23, 2004, accused-appellant Benjamin Julian Cruz Ibanez went to Weapons System Corporation (WSC) and inquired from employee Henessy Auron about the firing range schedule, rates, and membership, and asked about the days with many people and if she was the only female employee. On July 26, 2004, Auron arrived at WSC and found co-employee Zaldy Gabao handcuffed to a vault inside. Police entered and found the lifeless body of gunsmith Rex Dorimon in the firing range, who suffered multiple gunshot wounds. Robbery occurred, with 53 firearms and ammunition stolen. Based on information from an asset, the NBI conducted entrapment operations. Melvin Nabilgas, who approached the team as a sent-by for selling firearms, surrendered and implicated others. Cachuela was arrested in Naic, Cavite, after showing firearms, including a .9 mm Bernardelli (serial T1102-03E000151), to undercover agents. Ibanez was arrested in Imus, Cavite, after showing two firearms, including a .45 Glock 30 (serial FML 245), from his car. These firearms matched those stolen from WSC. At the NBI, Zaldy identified the appellants in a police line-up as responsible for the robbery and killing. Nabilgas executed a handwritten confession implicating the appellants and Zaldy. An Information for robbery with homicide was filed. The RTC convicted the appellants, sentencing them to reclusion perpetua and ordering restitution and damages. The CA affirmed with modifications on the amounts for restitution and damages. The appellants appealed.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the appellants for the special complex crime of robbery with homicide based on circumstantial evidence.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The totality of the circumstantial evidence sufficiently established the appellants’ guilt beyond reasonable doubt for robbery with homicide. The chain of circumstances included: (1) Ibanez’s reconnaissance at WSC two days before the robbery; (2) the robbery and theft of firearms and ammunition; (3) the killing of Rex Dorimon during the event; (4) the appellants’ possession and attempt to sell specific firearms that matched the stolen items; and (5) their inability to explain their lawful possession of these stolen firearms. The Court found the defenses of alibi, denial, and frame-up unmeritorious. The out-of-court identification by Zaldy during the police line-up was admissible, and the extrajudicial confession of Nabilgas was properly considered. The entrapment operations were lawful, and the seized firearms were admissible evidence. The Court modified the CA decision by increasing the amount for restitution to Arms Depot Philippines, Inc., from ₱1,093,947.50 to ₱1,481,000.00. The penalty of reclusion perpetua was affirmed.