G.R. No. L-38700 October 26, 1983
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUDOVICO CERVANTES and YOLANDO ALBA, accused-appellants.

FACTS

Accused-appellants Ludovico Cervantes and Yolando Alba were convicted of Robbery with Homicide for the events of December 7, 1971, in Cateel, Davao Oriental. The information alleged that they, with another at-large accomplice, armed with sharp instruments, entered the store of Chua Chin alias Julian. They stole cash and valuables totaling P3,200.00. On the occasion of the robbery, they assaulted and stabbed Chua Chin, causing his death. The trial court found them guilty beyond reasonable doubt and, citing three aggravating circumstances, imposed the death penalty. Although the expediente did not show a formal appeal, the case was automatically reviewed by the Supreme Court due to the imposition of the death penalty.
The prosecution evidence established that houseboy Isidro Ebrano, sleeping in the store’s mezzanine, was awakened and saw Alba pushing the victim into a bedroom, illuminated by a flashlight held by another person. The next morning, the store was found ransacked, and the victim was discovered dead, his hands tied and mouth gagged, with stab wounds. Jose Sagang, a neighbor, testified that he saw Cervantes and Alba near the store that night. Cervantes also executed an extra-judicial confession detailing his participation, which was sworn to before a judge who explained the thumbmark was used due to Cervantes’s injured arm.

ISSUE

Whether the conviction of appellants Ludovico Cervantes and Yolando Alba for the crime of Robbery with Homicide is supported by evidence beyond reasonable doubt.

RULING

Yes, the conviction is affirmed. The Supreme Court upheld the trial court’s findings, ruling that the evidence established guilt beyond reasonable doubt. The positive identification by eyewitness Isidro Ebrano, who saw Alba at the crime scene, and by Jose Sagang, who placed both appellants nearby, was deemed credible and sufficient. The Court gave weight to Cervantes’s extra-judicial confession, finding it voluntary. The judge before whom it was sworn testified that he assisted with the thumbmark due to Cervantes’s arm injury, and no improper motive was shown to discredit this procedure. The defense of alibi presented by both appellants was correctly rejected. For Alba, his narrative did not physically preclude his presence at the crime scene. For Cervantes, his claimed location was merely three kilometers away, making it not impossible for him to have been present. Alibi cannot prevail over positive identification. The Court found no factual or legal errors in the judgment. However, for lack of the necessary votes to impose the death penalty, the sentence was modified to reclusion perpetua for each accused. The award of indemnity and restitution was affirmed.