G.R. No. 171654 17 December 2008
Ponente: Torres, Jr., J.
FACTS:
While spouses Benjamin and Conchita were drinking tuba in their home, two armed men barged into their house and declared a hold-up who were later identified as herein appellant and one Reano. Benjamin was kicked and boxed until the latter bled and lost consciousness, by which Conchita surrendered P2,500. The two armed men then left and barged into another couple’s home and demanded them for money. The wife, accompanied by the appellant, went to their store to get money. In the store, the appellant forced the wife to have sexual intercourse with him. After they had returned to their home, she told her husband that she had been sexually abused. The husband had an altercation with the two perpetrators which resulted in him being hit on the shoulder with a bullet.
The two denied that they took part in the crime claiming that it was physically impossible for them to be at the scene of the crime for Gayeta was in Muntinlupa doing his rounds as a member of the Voluntary Lakas Brigade, while Reano was in another town.
ISSUE:
Whether the accused was guilty of the crimes of robbery and robbery with rape with his presentation of the Voluntary Lakas logbook.
RULING:
The inherently weak alibi presented by the accused does not hold a stronger bearing as compared to the positive identification made by the prosecution witnesses which is given full faith by both the trial court and the Court of Appeals. Furthermore, presented logbook was neither authenticated nor identified by the persons who supposedly issued them.
The aggravating circumstance of dwelling was properly appreciated in both robbery and robbery with rape. There being no evidence to show that the accused purposely sought nighttime to facilitate the commission of the offense, this circumstance was ruled out. The original penalty of death is therefore reduced to reclusion perpetua with no eligibility for parole.
No comments:
Post a Comment