GR 33358; (September, 1981) (Digest)
G.R. No. L-33358 September 30, 1981
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MACTAN PEĂ‘ARANDA, REGIDOR PENARANDA and CASIMIRO CARURUCAN, alias “ROMY”, defendants-appellants.
FACTS
On the evening of January 24, 1968, in Barrio Ilayang Tayuman, San Francisco, Quezon, three armed men entered the house of spouses Jeremias Pastorfide and Zenaida Rovero. Two had their faces covered. They demanded money, forcibly took P1,000, stabbed Jeremias to death, and inflicted injuries on Zenaida. An information for Robbery with Homicide under Article 294(1) of the Revised Penal Code was filed against appellants Mactan Peñaranda, Regidor Penaranda, and Casimiro Carurucan. After trial, the Court of First Instance of Quezon found them guilty and sentenced them to reclusion perpetua. The accused appealed, challenging the credibility of the prosecution witnesses.
The prosecution’s case rested primarily on the eyewitness account of victim Zenaida Rovero. She testified that during the robbery, she managed to pull off the face covers of Casimiro Carurucan and Mactan Peñaranda, positively identifying them under a Coleman lamp. She knew all three appellants well, as they were relatives and longtime acquaintances. Her testimony was corroborated by two witnesses, Feliciano Alcantara and Pedro Llarena, who saw the three appellants emerging from the victims’ house after hearing shouts for help. Furthermore, before he died, Jeremias Pastorfide told Councilor Valerio Palma that they were robbed by “the brothers.” The defense consisted of alibi and general denial, claiming they were at their respective homes that evening.
ISSUE
Whether the guilt of the appellants for the crime of Robbery with Homicide was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, particularly Zenaida Rovero. Her positive identification of the appellants, made under sufficient illumination and based on her familiarity with them, was deemed credible and compelling. This direct evidence was substantially corroborated by the testimonies of Alcantara and Llarena, who placed the appellants at the crime scene, and by the dying declaration of Jeremias Pastorfide implicating “the brothers.”
The Court emphasized that the defense of alibi cannot prevail over positive identification. The appellants’ houses were merely 100 meters from the crime scene, making it physically possible for them to have committed the crime and returned quickly, thus rendering their alibi weak and unconvincing. The collective weight of the prosecution evidence—eyewitness testimony, corroborating witnesses, and a dying declaration—established moral certainty of the appellants’ guilt. The elements of Robbery with Homicide were satisfactorily proven: the taking of personal property with violence or intimidation, and the killing occurring by reason or on the occasion of the robbery. The judgment of the trial court was affirmed in all respects.
