GR 64935; (July, 1989) (Digest)
G.R. No. 64935 July 19, 1989
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CHARLIE REPE, ALFREDO DAGUMBOY, JORGE SIGNO and JOEL DOMINGO, defendants-appellants.
FACTS
The case originated from an information charging seven individuals with Robbery in Band with Double Homicide for events occurring on June 9, 1976, in Taytay, Palawan. The prosecution alleged that the accused, after a drinking session where they planned the crime, used a motorized banca to travel to the house of spouses Sofronio and Margarita Parangue. Armed with guns, they robbed the couple of cash and property. During the robbery, Margarita was stabbed to death at a relative’s house when no additional money was found, and Sofronio was later stabbed and thrown overboard from the banca. Only four accused—Charlie Repe, Alfredo Dagumboy, Jorge Signo, and Joel Domingo—were arrested and tried, as the others remained at large.
The defense for appellants Signo and Domingo consisted of alibi, claiming they were elsewhere during the incident. The trial court convicted all four accused, finding conspiracy among them. The court imposed the death penalty, citing the presence of multiple aggravating circumstances, including abuse of superior strength and use of a motorized vehicle. The case was elevated to the Supreme Court for automatic review.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the complex crime of robbery with homicide, and if so, what is the proper penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s finding of conspiracy, noting that the collective actions of the group—planning the robbery, traveling together via pumpboat, executing the robbery, and killing the victims—demonstrated a unity of purpose and design. The defense of alibi presented by Signo and Domingo was rejected for being weak and unsubstantiated, especially in light of the positive identification by witnesses. The Court ruled that the crime committed was the special complex crime of robbery with homicide under Article 294 of the Revised Penal Code, as the killings were perpetrated by reason or on the occasion of the robbery.
Regarding the penalty, the Court agreed with the presence of the aggravating circumstances of abuse of superior strength and use of a motorized vehicle. Under Article 294, the prescribed penalty is reclusion perpetua to death. With two aggravating circumstances and no mitigating circumstances, the applicable penalty under Article 63 would be death. However, citing the 1987 Constitution which prohibits the imposition of the death penalty, the Supreme Court modified the sentence to reclusion perpetua. The Court also increased the civil indemnity for the deaths of the spouses to P60,000.00. The decision was affirmed with these modifications.