GR 72319; (June, 1993) (Digest)
G.R. No. 72319 June 30, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARTIN ALVERO, JR., “JOHN DOE”, RUBEN DE LAS ALAS and “ISTING DOE,” accused. MARTIN ALVERO, JR., accused-appellant.
FACTS
On or about January 20, 1980, in San Pablo City, the lifeless body of Victor Alvaran, a seaman, was found on Dagatan Boulevard bearing twelve stab wounds, one fatal wound penetrating his lung and heart. He had last been seen leaving his house on his father’s Suzuki motorcycle, which was missing. Parts of the motorcycle were later recovered. Based on witness accounts, appellant Martin Alvero, Jr. and Ruben de las Alas were apprehended. An Information was filed charging them, along with two unidentified individuals (“John Doe” and “Isting Doe”), with Robbery with Homicide. The charge alleged that Alvero and “John Doe,” conspiring, robbed Alvaran of his motorcycle and, on the occasion thereof, stabbed him to death. De las Alas and “Isting Doe” were charged as accessories for allegedly concealing the body or effects of the crime. The case against de las Alas was later dismissed. Appellant Alvero remained at large until his arrest on May 5, 1984. After pleading not guilty, he was tried and convicted by the Regional Trial Court. The prosecution evidence established that on the evening of January 20, 1980, Alvero was seen at the Seven Lakes Disco Club wearing a blue jacket with red stripes. That same night, a witness heard cries for help, saw a person run to a motorcycle (identified as a Suzuki type) which then sped away, and later found a motorcycle lever at the scene. The next morning, Alvaran’s body was discovered at that location with a blue jacket with red stripes nearby. On January 22, 1980, a witness saw Alvero and companions carrying a sack containing motorcycle parts, including an engine block assembly later identified as part of Alvaran’s motorcycle. Alvero was invited for police questioning on January 21, 1980, was released the next morning, and then left for Metro Manila, where he stayed until his arrest four years later. The defense consisted solely of Alvero’s testimony, claiming he was at home on the night of the crime and raising the defense of alibi.
ISSUE
Whether the prosecution proved beyond reasonable doubt that appellant Martin Alvero, Jr. is guilty of the crime of Robbery with Homicide.
RULING
Yes. The Supreme Court affirmed the conviction but modified the damages awarded. The prosecution evidence, meticulously summarized by the trial court, sufficiently established Alvero’s guilt. His presence at the disco club near the time of the crime, the recovery of the jacket similar to the one he was seen wearing near the victim’s body, his possession of and attempt to dispose of the dismantled parts of the victim’s motorcycle shortly after the crime, and his flight from San Pablo City constitute a chain of circumstantial evidence that leads to the inescapable conclusion of his guilt. His defense of alibi, uncorroborated and weak, cannot prevail over the positive evidence presented by the prosecution. The Court found the circumstantial evidence to be consistent with the hypothesis of his guilt and inconsistent with any other rational conclusion. The penalty of reclusion perpetua was affirmed. However, the award of P600,000.00 for unearned income was deleted for being speculative due to the lack of sufficient evidence on the victim’s average income. The civil indemnity for the victim’s death was increased from P30,000.00 to P50,000.00 in line with prevailing jurisprudence. The award of P20,000.00 as actual damages and P30,000.00 as moral damages was sustained.
