GR 88043; (December, 1996) (Digest)
G.R. No. 88043 , December 9, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO PAREJA, JOSE TOLEDO and JOHN DOE, accused-appellants.
FACTS
In the early morning of November 22, 1986, three masked intruders forcibly entered the house of Generoso Jacob in Legazpi City. The assailants demanded a Betamax machine and a television set. During the incident, Sabina Jacob, a daughter, unmasked one intruder, recognizing him as Antonio Pareja. Another daughter, Emelita, unmasked a second intruder inside the bedroom, positively identifying him as appellant Jose Toledo based on his build, voice, and her own stolen t-shirt he used as a mask. The intruders failed to cart away any property. However, Generoso Jacob was found mortally stabbed in the kitchen, dying from his wounds. Appellant Toledo, together with Pareja and a John Doe, was charged with Attempted Robbery with Homicide.
At trial, the prosecution presented eyewitness accounts, particularly from Emelita, who gave a detailed and categorical identification of Toledo. The defense interposed alibi, presenting witnesses who testified that Toledo was attending a wake in Bogtong, Legazpi City, from the evening of November 22 until the early morning of November 23. The trial court convicted Toledo, giving credence to the positive identification and rejecting the alibi.
ISSUE
Whether the conviction of appellant Jose Toledo for the crime of Attempted Robbery with Homicide is proper.
RULING
Yes, the conviction is proper. The Supreme Court affirmed the trial court’s decision, emphasizing that positive identification prevails over alibi and denial. The Court found the testimony of eyewitness Emelita Jacob-Ramirez to be clear, credible, and consistent. She had a compelling opportunity to identify Toledo, as she unmasked him during a struggle in a lighted room and even recognized her own clothing on him. Her identification was based on his physical features and voice, which she was familiar with, thereby negating any possibility of mistaken identity.
The defense of alibi was correctly rejected as it was not physically impossible for Toledo to have been at the crime scene. The wake was held in the same city, and the defense failed to conclusively prove he could not have traveled between locations. The crime of Attempted Robbery with Homicide was established, as the killing of Generoso Jacob occurred by reason or on the occasion of the attempted robbery, constituting a single, special complex crime under Article 297 of the Revised Penal Code. The Court modified the penalty to reclusion perpetua, as the death penalty was not yet reimposed at the time of the offense, and affirmed the award of civil indemnity to the victim’s heirs.