GR 26857; (October, 1977) (Digest)
G.R. No. L-26857 October 21, 1977
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AVELINO RONCAL alias BELEN, and FELICIANO GABRIELES, alias FELING, defendants-appellants.
FACTS
The appellants, Avelino Roncal and Feliciano Gabrieles, were charged with robbery with homicide and robbery with physical injuries. The incident occurred in the early morning of October 8, 1962, at the house of Pedro Paano in Samar. Roncal, armed with a .45 caliber pistol, and an unidentified companion entered the ground floor, demanded money, and shot Pedro Paano despite his plea for mercy. Pedro’s son, Felipe, upon rushing to the scene, was also shot by Roncal’s companion, resulting in serious injury. Roncal proceeded upstairs, robbed Maria Paano of a substantial amount of cash, and fled with accomplices.
Roncal was apprehended with the murder weapon and part of the loot. Gabrieles was arrested later and interposed an alibi, claiming he was in Guiuan, Samar, for a religious feast during the crime. The trial court convicted both and imposed the death penalty. Roncal changed his plea to guilty only after the prosecution had rested its case.
ISSUE
The primary issue is whether the guilt of both appellants, particularly Feliciano Gabrieles, was proven beyond reasonable doubt, and whether the penalties imposed were correct.
RULING
The Supreme Court affirmed the conviction and the death penalty. For Gabrieles, the Court found his alibi weak and unsubstantiated. His witnesses provided vague testimonies that failed to conclusively prove his physical impossibility of being at the crime scene. In contrast, he was positively identified by prosecution witnesses Angel Tegio and Maria Paano under sufficient moonlight and illumination. This positive identification prevails over an unconvincing alibi.
The Court clarified that the crimes constituted the special complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code, with “homicide” understood generically to include the killing. The aggravating circumstances of band, dwelling, and nocturnity were properly appreciated, as the appellants acted in a group of more than three armed persons, committed the crime in the victim’s home, and deliberately used nighttime to facilitate the offense and escape. Roncal’s belated plea of guilty, entered after the prosecution’s case, was correctly denied any mitigating value. The civil indemnity for Pedro Paano’s death was increased, and additional damages were awarded to Felipe Paano.