GR 208524; (June, 2016) (Digest)
G.R. No. 208524 . June 01, 2016
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BERNARDINO PERALTA Y MORILLO AND MICHAEL AMBAS Y REYES, ACCUSED, BERNARDINO PERALTA Y MORILLO, ACCUSED-APPELLANT.
FACTS
Accused-appellant Bernardino Peralta y Morillo (Peralta) and his co-accused Michael Ambas y Reyes (Ambas) were charged with Robbery with Homicide. The Information alleged that on May 23, 2007, in Quezon City, they conspired with three other unidentified persons, armed with firearms, and by means of force and intimidation, robbed the driver, Supt. Joven Bocalbos, and a passenger, Norberto Olitan Jr., inside Bocalbos’s Nissan Urvan van. During the robbery, and on the occasion thereof, Peralta shot Bocalbos in the head, causing his death. Items stolen included Olitan’s cellphone, ring, sunglasses, cash, and Bocalbos’s .45 caliber pistol, cellphone, and cash.
The prosecution presented eyewitness Norberto Olitan Jr., who testified that while the van was cruising, a passenger announced a holdup. Bocalbos was ordered to the rear, and Peralta took over driving. After a U-turn, Peralta shot Bocalbos in the head. The assailants, including Ambas, took the passengers’ valuables. Olitan was later forced to drive the van to Shaw Boulevard where the assailants alighted. Bocalbos was declared dead on arrival. The police investigation, aided by informants and cartographic sketches, led to the identification and arrest of Peralta and Ambas. Olitan and the van conductor, Edwin Camatoy, identified them in a police line-up.
The defense presented alibis. Ambas claimed he was driving his taxi that night and had it repaired. His co-worker, Ernesto Reyes, corroborated his presence at the taxi compound around 9:00 p.m. Peralta denied involvement, claiming he was at his second wife’s house in Quezon City on the night of the crime and was buying fruits in Balintawak market the next morning when arrested.
The Regional Trial Court (RTC) found both accused guilty beyond reasonable doubt of Robbery with Homicide and sentenced them to reclusion perpetua. The Court of Appeals (CA) affirmed the RTC decision.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of accused-appellant Bernardino Peralta y Morillo for the special complex crime of Robbery with Homicide.
RULING
The Supreme Court AFFIRMED the November 28, 2012 Decision of the Court of Appeals with MODIFICATIONS regarding the awards of damages. The CA correctly affirmed the RTC’s finding of guilt beyond reasonable doubt.
The Court upheld the credibility of the prosecution eyewitness, Norberto Olitan Jr., whose positive identification of Peralta as the one who shot the victim was clear and consistent. The defense of alibi and denial cannot prevail over such positive identification. The crime committed was the special complex crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code, as the homicide was committed by reason or on the occasion of the robbery.
The Court modified the damages awarded by the RTC, as affirmed by the CA. The awards of civil indemnity and moral damages were increased to Php75,000.00 each. Furthermore, exemplary damages in the amount of Php75,000.00 were awarded to the heirs of the victim. All monetary awards shall earn interest at 6% per annum from the finality of the decision until fully paid.