G.R. No. 97426 June 3, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO APOLINARIO and ANTONIO RIVERA, accused-appellants.

FACTS

Accused-appellants Romeo Apolinario and Antonio Rivera, along with Mario Sion (at large), were charged with Robbery with Homicide. The information alleged that on or about October 9, 1989, at around 2:00 a.m., in Sitio Agbobolo, Brgy. Agdahon, Cuartero, Capiz, the accused, armed with bolos and conspiring together, by means of force entered the house of spouses Simon and Restituta Hibaler. Once inside, through violence and intimidation, they took cash and personal properties totaling P18,250.00. On the occasion of the robbery, Simon Hibaler was boloed several times, causing his death. The aggravating circumstances of use of superior strength and nighttime were alleged.
During trial, the prosecution presented Restituta Hibaler, who testified that she and her husband were awakened by three intruders. Her husband shone a flashlight on them, and they recognized the intruders as appellants and Mario Sion. Simon exclaimed, “kamo man lang gali” (“it was you all along”). The intruders then attacked Simon with bolos. When Restituta pleaded for his life, she was struck on the face and lost consciousness. Upon regaining consciousness, she saw appellant Romeo Apolinario taking clothes and the others ransacking a trunk. She later saw them on the first floor drinking coffee. The prosecution also presented neighbor Ernesto Biboso, who testified that when he responded to Restituta’s call, he found Simon bleeding and was told by Simon that Romeo, Antonio, and Mario had attacked him. Pedro Hibaler, the son, testified as a rebuttal witness, explaining that he did not initially reveal the assailants’ identities to the police because a policeman present was related by marriage to appellant Apolinario, and he feared the appellants might disappear. Dr. Donanito Hijosa presented the autopsy report detailing Simon Hibaler’s 18 fatal injuries.
The defense presented appellants, who claimed they were in Roxas City from October 7 to 9, 1989, attending a celebration and buying fish, and only returned to Maindang, Cuartero, around 8:00 a.m. on October 9. Their alibi was corroborated by Estelita Dayao.
The Regional Trial Court found appellants guilty of robbery with homicide and sentenced them to reclusion perpetua, ordering them to indemnify the heirs of Simon Hibaler P30,000.00 and return P14,650.00 (the value of the stolen items).

ISSUE

1. Whether the trial court erred in relying on the testimonies of Restituta Hibaler and Ernesto Biboso despite their alleged incredibility.
2. Whether the trial court erred in finding appellants guilty beyond reasonable doubt despite the alleged failure of the prosecution to positively identify them.
3. Whether the trial court erred in convicting appellants despite the alleged failure of the prosecution to conclusively prove the element of robbery.

RULING

The Supreme Court AFFIRMED the trial court’s decision with modification.
1. The Court found the testimonies of Restituta Hibaler and Ernesto Biboso credible and sufficient for positive identification. Restituta had a clear view of the appellants when her husband shone the flashlight on them, and she knew them personally as they were from the same barangay. Her testimony was detailed and consistent. Ernesto Biboso’s testimony, relating the dying declaration of the victim identifying his assailants, was also credible. The Court rejected the defense of alibi, noting it was weak and not physically impossible for the appellants to have been at the crime scene. The delay in revealing the appellants’ identities by Pedro Hibaler was satisfactorily explained by his fear due to a policeman’s relation to an appellant.
2. The appellants were positively identified by eyewitness Restituta Hibaler and through the dying declaration recounted by Ernesto Biboso.
3. The prosecution conclusively proved the element of robbery. The taking (asportation) of personal property was established by Restituta’s testimony that she saw the appellants taking items from her house. The fact that some stolen items were later recovered does not negate the crime, as asportation is complete once the property is taken from the owner’s possession. All elements of robbery were present: (a) personal property belonging to another; (b) unlawfully taken; (c) with intent to gain; and (d) with the use of force upon things. Since the homicide was committed by reason or on the occasion of the robbery, appellants are guilty of the special complex crime of robbery with homicide under Article 294 of the Revised Penal Code.
The penalty of reclusion perpetua was affirmed. The civil indemnity for the death of Simon Hibaler was increased from P30,000.00 to P50,000.00.