GR L 62887; (August, 1986) (Digest)
G.R. No. L-62887 August 29, 1986
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR CIERBO, FLORENTINO MOLINA and ANTONIO CHAN, accused-appellants.
FACTS
In the early morning of February 4, 1980, in Lidlidda, Ilocos Sur, accused Dominador Cierbo, Florentino Molina, and Dominador Dayag entered the house of Marcelino and Nenita Dizon. They woke and tied up Orlando Castaneda and Romeo Sumalbag, forced them upstairs, and ordered all occupants to lie down. Cierbo, armed with a long gun, demanded and received P17,000.00 from Nenita Dizon. After obtaining the money, the accused opened fire on the victims, killing Nenita Dizon, Maria Castaneda, Aurora Castaneda, Romeo Sumalbag, and three-year-old Mylene Dizon, and seriously injuring Teodoro Castaneda. The accused then fled. Before her death, Nenita Dizon identified Dominador Cierbo and “nephews of my husband” as the assailants to responding police.
The accused-appellants were charged with Robbery with Homicide. The trial court convicted Cierbo, Molina, and Antonio Chan, sentencing them to death. Chan and Molina interposed the defense of alibi, claiming they were elsewhere during the incident. The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.
ISSUE
Whether the guilt of accused-appellants Dominador Cierbo, Florentino Molina, and Antonio Chan for the crime of Robbery with Homicide has been proven beyond reasonable doubt.
RULING
The Supreme Court acquitted Antonio Chan but affirmed the conviction of Dominador Cierbo and Florentino Molina, modifying their penalty to reclusion perpetua. For Chan, the prosecution evidence was deemed insufficient. The positive identification by eyewitness Orlando Castaneda pertained only to Cierbo and Molina, not Chan. Chan’s defense of alibi, while generally weak, must be considered as the prosecution failed to prove his presence and participation beyond reasonable doubt. The burden of proof remains with the prosecution, and its failure to overcome the presumption of innocence in Chan’s favor warranted acquittal.
For Cierbo and Molina, the evidence of guilt was overwhelming. Eyewitness Orlando Castaneda positively identified them as among the armed men who entered the house, demanded money, and shot the victims. This testimony was clear and credible. Furthermore, the dying declaration of victim Nenita Dizon, identifying Cierbo as one of the assailants, was admissible as part of the res gestae, corroborating the eyewitness account. Their collective actions in tying up victims, demanding money, and indiscriminately shooting established conspiracy in committing Robbery with Homicide. The penalty was reduced to reclusion perpetua due to the lack of the required votes for capital punishment.