People v. Torres
REITERATIONFacts
The Antecedents: On November 21, 1983, at around 7:00 p.m., Herminio Nocum was practicing carolling. On his way home, he met Erwin Alcantara, who asked to be accompanied to a bakery. They rode on Nocum's bicycle in tandem. On their way home, they encountered accused-appellant Marvin Torres and Rosendo Salas. Alcantara alighted from the bicycle and spoke with Torres. Nocum heard Torres challenge Alcantara to a fistfight and then saw Torres pull out a knife and point it at Alcantara, telling Salas to draw his weapon. Salas then stabbed Nocum on the left shoulder, and Torres stabbed Alcantara. Salas stabbed Nocum again, and Torres grabbed Nocum's Seiko wristwatch. Nocum and Alcantara ran away. Nocum later returned to retrieve his bicycle. They were brought to the Philippine General Hospital (PGH), where Nocum was operated on and confined for five days. Alcantara died in the hospital from stab wounds. Nocum identified Torres as the one who grabbed his watch. Torres admitted selling Alcantara's watch. Procedural History: The Amended Information charged the accused with Violation of P.D. No. 532 (Anti-Highway Robbery). However, the Regional Trial Court (RTC) of Pasay City, Branch CXII, convicted Marvin Torres of Robbery with Homicide and Frustrated Homicide, sentencing him to reclusion perpetua and to indemnify the heirs of Erwin Alcantara. The case against Rosendo Salas was archived as he was still at-large. The Petition: Accused-appellant Marvin Torres appealed the RTC decision, assigning several errors, including the trial court's reliance on the testimony of Herminio Nocum, the consideration of an unverified statement, the failure to give weight to the defense, the lack of proof of conspiracy, the conviction for Robbery with Homicide and Frustrated Homicide instead of separate offenses of Homicide and Theft, and the finding of guilt beyond reasonable doubt.
Issue(s)
Whether the trial court erred in giving faith and credence to the testimony of the lone prosecution witness, Herminio Nocum. Whether the trial court erred in considering the unverified statement of Aurora Torres. Whether the trial court erred in not giving weight to the defense raised by accused Marvin Torres. Whether conspiracy was proven as a fact. Whether the trial court erred in finding the accused guilty of Robbery with Homicide and Frustrated Homicide instead of the separate offenses of Homicide and Theft. Whether the trial court erred in finding the accused guilty in the absence of evidence proving his guilt beyond reasonable doubt.
Ruling
The appealed judgment is AFFIRMED. Costs against accused-appellant, Marvin Torres.
Ratio Decidendi
On the credibility of Herminio Nocum: The Court held that the testimony of a single witness, if credible and positive, is sufficient to convict, even without corroboration. No motive was attributed to Nocum for testifying falsely. Inconsistencies pointed out were minor and explained. The Court found nothing incredible or unbelievable in Nocum's testimony, stating that personal acquaintance is not significant in robbery cases as malefactors often choose unknown victims. The Court affirmed the trial court's findings on witness credibility, which are entitled to great respect. On the unverified statement of Aurora Torres: The Court noted that the statement was disclosed to the police during an investigation and considered part of the testimony and police report. Furthermore, the accused-appellant himself admitted borrowing the knife. The Court also emphasized that the trial court merely referred to the statement and did not solely rely on it, as other incriminating evidence supported the verdict. On the defense raised by accused-appellant: The Court found the defense unreliable, particularly the claim that Rosendo Salas alone stabbed both victims. This posture was deemed convenient as Salas remained at-large. The Court gave more weight to the prosecution's version, supported by Nocum's testimony and physical evidence (scars), which contradicted the appellant's claim of a single stabbing. The appellant's admission of grabbing Alcantara's watch and selling it confirmed the fact of robbery. On the existence of conspiracy: The Court found clear evidence of conspiracy, citing the concerted action of the accused in assaulting, stabbing, and robbing the victims. Both accused borrowed the fatal weapon the night before, were together at the crime scene, challenged victims, stabbed them, and succeeded in taking their watches. The subsequent sale of Alcantara's watch by the appellant further solidified the conspiracy. On the conviction for Robbery with Homicide and Frustrated Homicide: Given the proven conspiracy, the act of one conspirator is the act of all. The plan to commit robbery and its commission, along with the resulting Homicide and Frustrated Homicide, was beyond question. Therefore, the accused could not be held guilty of separate offenses of Homicide and Theft. On proof beyond reasonable doubt: The Court concluded that the guilt of the accused-appellant was proven beyond reasonable doubt. The circumstances, including Nocum seeing the appellant with the knife, the appellant's instruction to Salas, Salas stabbing Nocum, and the fact that only Alcantara and the appellant were behind Nocum when Alcantara was stabbed, all pointed to the appellant as the one who stabbed Alcantara.
Main Doctrine
The crime charged in the information is determined by the facts alleged in the body thereof, not by the technical name given by the fiscal. Conspiracy is established by the concerted action of the accused in assaulting, stabbing, and robbing the victims.