GR 97432; (March, 1994) (Digest)
G.R. No. 97432 March 1, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICKY GALIT y ADAMERO, INTOY LUCINDO y REBADULLA, MARLON GALIT y ADAMERO, and RAQUEL TAGALOG y ROTAMULLA, accused, INTOY LUCINDO y REBADULLA, and MARLON GALIT y ADAMERO, accused-appellants.
FACTS
An information for robbery with homicide was filed against Ricky Galit, Intoy Lucindo, Marlon Galit, and Raquel Tagalog. The prosecution’s evidence established that on October 8, 1990, the four accused approached Virgie’s Mini-Grocery. Marlon Galit and Tagalog acted as lookouts at the entrance, while Ricky Galit and Lucindo entered, announced a hold-up, and threatened the owner, Avelino Matulac, and salesladies. Lucindo stabbed Matulac, who later died from the wound. Ricky Galit and Lucindo took about P45,000 from the cash box before fleeing. Tagalog was apprehended after a chase by a barangay tanod; he then led police to the arrest of the others and the recovery of knives and P900. The trial court convicted all four accused of robbery with homicide, sentencing them to reclusion perpetua and ordering them to pay damages. The court suspended the sentence for minors Ricky Galit and Raquel Tagalog, committing them to the National Training School for Boys. Accused-appellants Marlon Galit and Intoy Lucindo appealed, claiming innocence. The defense presented a different version, where Lucindo admitted stabbing Matulac but claimed it was due to a sudden altercation over change, denying any conspiracy to rob. The other accused denied participation in the stabbing and robbery.
ISSUE
The main issue is whether the accused-appellants are guilty beyond reasonable doubt of the crime of robbery with homicide.
RULING
The Supreme Court affirmed the conviction of accused-appellants Marlon Galit and Intoy Lucindo. The Court found the prosecution’s evidence, particularly the positive identification by eyewitnesses and the corroborating testimony of co-accused Raquel Tagalog, to be credible and sufficient to establish conspiracy. The defense of denial and alibi could not prevail over the positive identification. The Court also upheld the trial court’s appreciation of the qualifying circumstance of abuse of superior strength. Regarding accused Ricky Galit, the Court directed the trial court to review the recommendation from the National Training School for Boys for his release, in accordance with the procedures under P.D. 603, without extinguishing his civil liability.