G.R. No. L-40115 April 27, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX SABELLANO, accused-appellant.

FACTS

The prosecution established that on January 12, 1973, in Barrio Bagong Clarin, Misamis Occidental, appellant Felix Sabellano and an armed companion arrived at the house of Patricio Panoy. Posing as Constabulary soldiers sent by a certain Lorenzo Alegrado to retrieve land titles, they accosted Patricio. When Patricio refused to surrender the documents, Sabellano stabbed him in the abdomen, and his companion struck Patricio’s head with a gun. The assailants then ransacked the house, took two hundred pesos and the titles, and assaulted Panoy’s two young sons before fleeing. Patricio Panoy died from his wounds. The crime was witnessed by the victim’s wife, Carmelita, and their five-year-old son, Nelson, under clear daylight conditions.
Four days later, on January 16, Carmelita fortuitously encountered Sabellano at Barrio Panagaan. When Sabellano approached and inquired why she was in mourning, she feigned that her mother had died. Recognizing him and fearing for her safety, she later sought police assistance upon reaching Molave. Police officers accompanied her back to Barrio Colo where they found and arrested Sabellano, who attempted to hide upon seeing them.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused for the crime of robbery with homicide beyond reasonable doubt, particularly concerning his identity as one of the perpetrators.

RULING

The Supreme Court affirmed the conviction. The Court found the testimonies of eyewitness Carmelita Panoy and her son Nelson credible and sufficient to establish Sabellano’s identity as the assailant. The crime occurred in broad daylight, the intruders did not wear disguises, and they remained at the scene for a considerable duration, allowing for clear identification. The Court rejected the defense’s arguments attacking Carmelita’s identification, noting she was not asked to provide a facial description initially and correctly identified Sabellano in court despite being shown a photograph of another individual during cross-examination.
The defense’s alibi and the testimonies of its witnesses were deemed unreliable and contradictory, failing to cast doubt on the positive identification by the prosecution witnesses. The fortuitous meeting and subsequent arrest four days after the crime further corroborated the identification. The penalty of reclusion perpetua was upheld as proper under Article 294(1) of the Revised Penal Code for robbery with homicide, with no modifying circumstances present. The Court found no reason to reverse the trial court’s findings, concluding that Sabellano’s guilt was proven beyond reasonable doubt.