G.R. No. 90626 August 18, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO ALCORIZA LASCUNA, ROSITA DIONISIO VILLENA, CELSO CANO ALGOBA and PLACIDO AQUINO PALANGOY, accused. PLACIDO AQUINO PALANGOY, accused-appellant.

FACTS

Accused Ricardo Alcoriza Lascuna, Rosita Dionisio Villena, Celso Cano Algoba, and Placido Aquino Palangoy were charged with robbery with homicide, rape, and physical injuries before the Regional Trial Court of Malolos, Bulacan. The information alleged that on or about October 16, 1988, in Malolos, Bulacan, the accused, conspiring with Danilo Lagasca (at large), by means of force and intimidation, robbed Luisa A. Villena of items worth P4,900.00. On the occasion of the robbery, they strangled and killed Honesto Altiche, raped Luisa A. Villena, and inflicted slight physical injuries on her. Upon arraignment, all four accused pleaded not guilty. During trial, after the principal prosecution witness Luisa Villena completed her direct testimony, accused Ricardo Lascuna and Celso Algoba changed their plea to guilty and were convicted. Trial proceeded against Rosita Villena and Placido Palangoy. The prosecution evidence established that on the night of October 16, 1988, Rosita Villena, the sister-in-law of Luisa, knocked on Luisa’s door and entered with her daughter and four men (identified as Algoba, Lascuna, Palangoy, and Lagasca). Lascuna and Lagasca carried knives. Luisa and her brother Honesto were gagged, tied, and herded into a bedroom. Luisa was raped by Ricardo Lascuna. She was later dragged to the kitchen, strangled, and lost consciousness. She regained consciousness at around 3:00 a.m., freed herself, and found her brother dead. Items were missing. She sought help from a neighbor, and the crime was reported. Rosita Villena was apprehended and implicated her companions, leading to the arrest of Algoba and Palangoy. At the police station, Palangoy was wearing clothes taken from Luisa’s house. The autopsy confirmed Honesto died from strangulation. Medical examination of Luisa showed abrasions. For the defense, Celso Algoba admitted robbing the house with Lascuna, Lagasca, and another, but denied Rosita and Palangoy were present. Rosita and Palangoy denied participation, claiming they were elsewhere. After the defense rested, the trial court immediately pronounced judgment from the bench, finding Rosita Villena and Placido Palangoy guilty. A written decision followed. Only Placido Palangoy appealed.

ISSUE

The main issue is whether the trial court erred in finding accused-appellant Placido Palangoy guilty of the complex crime of robbery with homicide, rape, and physical injuries based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the trial court correctly gave credence to the positive identification of Palangoy by the victim, Luisa Villena, who had ample opportunity to recognize him during the prolonged incident. His defense of alibi was weak and could not prevail over positive identification. The recovery of stolen items (a polo shirt and pants) from him shortly after the crime further corroborated his participation. The Court also found conspiracy among the accused, as their acts demonstrated a common purpose. However, the Supreme Court held that the trial court erred in imposing the penalty. The proper penalty for the special complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code is reclusion perpetua to death. As there were no aggravating or mitigating circumstances, the penalty imposed should be reclusion perpetua. The Court also modified the civil indemnity, increasing the award for Honesto Altiche’s death to P50,000.00. The award for damages for the rape and robbery was also deemed proper. The Supreme Court further noted the trial judge’s immediate oral pronouncement of judgment after the defense rested was a procedural lapse, but since a written decision was subsequently promulgated, the error was not fatal. The decision of the trial court was AFFIRMED with the modifications regarding the penalty and indemnity.