G.R. No. 97841 -42 November 12, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR TIMON y CASAS, JOSE SAMPITON y SENTUS, JESUS LAGARAS y CORNELIO and CLARO RAYA y BERENO, accused-appellants.

FACTS

On September 20, 1989, the fishing boat M/B Kali, owned by Modesto Rodriguez, left Navotas, Metro Manila. While still within Navotas territorial waters, it was intercepted by eight armed pirates. Six of them, including all four appellants, boarded the vessel. They ordered the owner and crew to lie face down. Appellants Lagaras and Sampiton, among others, accosted Rodriguez at the “fuente,” forced him to hand over approximately P100,000.00 intended for buying fish, and took his other personal belongings. Rodriguez was then fatally shot. The pirates left after warning the crew. The incident was reported to the Navotas Police. Based on information from the Philippine Coast Guard regarding the suspects’ identities, a joint team arrested all four appellants on October 4, 1989. At the police station, the crew members of M/B Kali positively identified the appellants as among the perpetrators. Appellants were charged with Piracy under Presidential Decree No. 532 (with homicide) in Criminal Case No. 8492-MN. Appellant Timon was separately charged with Illegal Possession of Firearms in Criminal Case No. 8493-MN. The defense consisted of denial and alibi. Appellants claimed they were mending nets or playing cards at the time of the incident. Jesus Lagaras claimed he was mistaken for his brother, Julito “Boy Muslim” Lagaras, who allegedly confessed to the crime. The trial court convicted all appellants of piracy and sentenced them to reclusion perpetua, ordering them to pay indemnities. It acquitted Timon of the illegal firearms charge due to insufficient evidence.

ISSUE

The primary issue is whether the prosecution proved the guilt of the appellants beyond reasonable doubt for the crime of piracy with homicide.

RULING

The Supreme Court affirmed the conviction. The Court found the positive identification of the appellants by the eyewitness crew members to be credible, consistent, and sufficient to establish their guilt beyond reasonable doubt. The defense of alibi and denial cannot prevail over positive identification. The Court held that any irregularity in the warrantless arrest was cured when the appellants voluntarily submitted to the jurisdiction of the court by entering a plea and participating in the trial. The trial court’s assessment of witness credibility is entitled to great respect. The crime committed was Piracy defined and penalized under Presidential Decree No. 532 (the Anti-Piracy and Anti-Highway Robbery Law of 1974). The prescribed penalty is reclusion perpetua to death. Since the death penalty was not applicable at the time, the penalty of reclusion perpetua was correctly imposed. The Court modified the award of damages, increasing the civil indemnity for death to P50,000.00 and upholding the award of P100,000.00 as restitution for the stolen cash.