G.R. No. 92144 -49 December 18, 1992
The People of the Philippines, plaintiff-appellee, vs. Resurreccion Cariño and Manuel Sabal, accused-appellants.

FACTS

Accused-appellants Resurreccion Cariño and Manuel Sabal, along with five other co-accused (Dodong Cariño, Toto Cantiller, Nonoy Cariño, and Felimon Jimenez), were charged with a series of robberies committed on the night of September 30 to October 1, 1987, in Sitio Yawi-Yawi II, Barangay Murtha, San Jose, Occidental Mindoro. The charges included one count of Robbery with Homicide (Criminal Case No. R-2376) involving the killing of Oscar Villaplaza, and five counts of Robbery in Band (Criminal Cases Nos. R-2374, R-2375, R-2377, R-2378, and R-2379) against different victims. The trial proceeded only against Cariño and Sabal as their co-accused remained at large. The Regional Trial Court convicted them of all charges. For Robbery with Homicide, they were sentenced to reclusion perpetua and ordered to indemnify the heirs of the deceased. For each count of Robbery in Band, they were sentenced to an indeterminate penalty. They appealed to the Supreme Court, insisting on their innocence.

ISSUE

The primary issue is whether the accused-appellants are guilty beyond reasonable doubt of the crimes of Robbery with Homicide and multiple counts of Robbery in Band.

RULING

The Supreme Court AFFIRMED the conviction with modifications. The Court found the testimonies of the prosecution witnesses (Mario Estevez, Ferciliza de la Cruz, Jesus Nazareno, and Conrado Catubig), who positively identified the accused-appellants as among the robbers, to be credible. The defense of alibi was rejected as a weak defense that cannot prevail over positive identification. The Court also found unpersuasive a later Sinumpaang Salaysay by Manuel Sabal attempting to exonerate his co-appellant. The penalty for Robbery with Homicide was correctly imposed as reclusion perpetua. However, the Court modified the penalties for the five counts of Robbery in Band. Applying Article 295 of the Revised Penal Code, which mandates the imposition of the maximum period of the penalty when the robbery is committed by a band, the Court sentenced the accused-appellants to an indeterminate penalty ranging from 4 years of prision correccional as minimum to 8 years and 21 days of prision mayor as maximum for each robbery count. Furthermore, the civil indemnity for the death of Oscar Villaplaza was increased from P12,000.00 to P50,000.00 in accordance with prevailing jurisprudence.