G.R. No. 201449; April 3, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. WELVIN DIU y KOTSESA and DENNIS DAYAON y TUPIT, Accused-Appellants.

FACTS

Accused-appellants Welvin Diu and Dennis Dayaon, along with an at-large co-accused Cornelio de la Cruz, Jr., were charged with Robbery with Homicide. The Amended Information alleged that on October 3, 2003, in Angeles City, they conspired and, armed with a double-bladed weapon, by means of violence and intimidation, took a shoulder bag containing ₱1,800.00 from Perlie Salvador, and on the occasion thereof, stabbed her sister Nely Salvador, causing her death. Only the accused-appellants were arrested and arraigned, pleading not guilty.
The prosecution presented Perlie Salvador, the surviving victim, who testified that while she and her sister Nely were walking home from work along a well-lit Colorado Street at around 10:30 PM, they passed three men (the accused-appellants and De la Cruz) who were urinating. After they passed, the men accosted them: Diu embraced Perlie and grabbed her bag, while Dayaon and De la Cruz held Nely. Perlie broke free, elbowed Diu, and ran to seek help. She saw Dayaon and De la Cruz stabbing Nely, passing a knife between them. Nely died from her wounds. Perlie identified the accused-appellants in court, stating the area was well-lit, allowing her to see their faces clearly. The second witness, P/Insp. Medardo Manalo, testified about the follow-up operation leading to Dayaon’s arrest based on Diu’s identification.
The defense consisted of the testimonies of the accused-appellants, who denied participation and blamed De la Cruz. Diu claimed they merely witnessed De la Cruz attack the sisters; he tried to help but was stopped by Dayaon, and he later pushed Perlie away, causing her to fall. He admitted fleeing after the incident. Dayaon corroborated Diu’s story, claiming they were mere bystanders who ran away out of fear. Both accused-appellants alleged they were coerced by police into pointing at each other.
The Regional Trial Court found them guilty beyond reasonable doubt of Robbery with Homicide, a decision affirmed with modification by the Court of Appeals.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused-appellants for the crime of Robbery with Homicide.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with modification as to damages. The conviction of accused-appellants Welvin Diu and Dennis Dayaon for the crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code was upheld.
The Court held that all elements of Robbery with Homicide were proven: (1) the taking of personal property with intent to gain; (2) the taking was accomplished by means of violence or intimidation against a person; and (3) on the occasion of the robbery, homicide was committed. The credible and positive identification by eyewitness Perlie Salvador, who had a clear view of the well-lit incident and consistently identified the accused-appellants, prevailed over their denials and claims of being mere bystanders. The defense of denial is inherently weak and cannot overcome positive identification. The accused-appellants’ flight after the incident and their actions in accosting the victims constituted conspiracy. Their claim of police coercion was unsubstantiated.
The Court modified the awarded damages: civil indemnity, moral damages, and exemplary damages were increased to ₱75,000.00 each, and temperate damages of ₱25,000.00 were awarded in lieu of actual damages. Actual damages for the stolen cash (₱1,850.00) were also awarded. All damages were subject to 6% interest per annum from the finality of judgment until full payment.