People v. De la Cruz y Cercada
REITERATIONFacts
The Antecedents: On February 28, 1993, at approximately 8:00 p.m., Branch Cashier Liza Sebastian of Andresons Group, Inc. was in her office counting money and checks. Two armed men entered her office, announced a hold-up, and demanded the money. One assailant, identified as the appellant George de la Cruz y Cercada, held a bag, a jacket, and a bladed weapon, while the other had a gun. Appellant threatened Liza with a knife, warning her about the fate of the security guard. They took approximately P139,669.00 from the vault, tied Liza's hands with electric cords, and covered her head with a jacket. Liza recognized the jacket as belonging to security guard Jaime Fabian. After the assailants fled, Liza untied herself and found Jaime Fabian lifeless in his guard post, hogtied and in a pool of blood. Procedural History: Appellant was charged with robbery with homicide. The Regional Trial Court of Quezon City, Branch 95, convicted appellant George de la Cruz y Cercada of the crime and sentenced him to suffer the penalty of reclusion perpetua. The trial court gave full credence to Liza Sebastian's eyewitness account and found appellant's defense of alibi unconvincing. The Petition: Appellant appealed the decision, assigning errors concerning the trial court's appreciation of the eyewitness testimony, the failure to acquit due to reasonable doubt, and the insufficient proof of homicide attendant to the robbery.
Issue(s)
Whether the trial court erred in giving weight and credence to the testimony of prosecution eyewitness Liza Sebastian and in not acquitting the accused-appellant on the ground of reasonable doubt. Whether the trial court erred in convicting the accused-appellant of the crime of robbery with homicide despite the prosecution's failure to prove the attendant homicide beyond reasonable doubt.
Ruling
The appeal is dismissed, and the judgment of the Regional Trial Court is affirmed in toto. Appellant George de la Cruz y Cercada is found guilty beyond reasonable doubt of the crime of robbery with homicide and sentenced to suffer the penalty of reclusion perpetua. He is ordered to indemnify Andresons Group, Inc. in the sum of P139,669.00 as actual damages and the heirs of Jaime Fabian in the sum of P342,000.00 as actual and compensatory damages, plus P50,000.00 as death indemnity, and to pay the costs.
Ratio Decidendi
On the issue of the trial court's appreciation of the eyewitness testimony and reasonable doubt: The Court found the alleged inconsistencies and improbabilities in Liza Sebastian's testimony to be minor and insufficient to diminish her credibility. Minor lapses can even enhance the veracity of a witness's testimony by removing suspicion of a rehearsed declaration, as held in People v. Benitez and People v. Verano. The victim's positive identification of the appellant was clear and categorical, and there was no evidence of any motive for Liza Sebastian to testify falsely against the appellant. The Court noted that the appellant had sufficient time to clearly see the appellant's face at close range during the commission of the crime, and the stressful nature of the incident could have even served as a catalyst to her memory, as stated in People v. Campa. The defense of alibi presented by the appellant was considered weak and could not prevail over the positive identification by the witness, especially since the appellant failed to prove that it was physically impossible for him to be at the scene of the crime at the time of its commission, as required by People v. Batulan. On the issue of proving homicide beyond reasonable doubt in robbery with homicide: The Court held that even without direct evidence of the accused shooting the victim, guilt can be established by attendant circumstances forming an unbroken chain leading to the conclusion that the accused is guilty of the killing. The Court found sustainable basis for the conclusion that the accused killed the security guard, Jaime Fabian, on the occasion of the robbery. These circumstances included the appellant's threat to Liza Sebastian, referencing what happened to the guard, the fact that the security guard was disarmed and hogtied, and the use of the guard's jacket by the appellant. These circumstances, when taken together, constituted an unbroken chain evidencing the appellant's culpability for the death of Jaime Fabian. The Court reiterated that resort to circumstantial evidence is essential when direct testimony would allow felons to go free, and that such evidence is sufficient to convict when there is more than one circumstance, the facts from which inferences are derived are proven, and the combination of circumstances produces conviction beyond reasonable doubt, citing People v. Bracamonte.
Main Doctrine
The positive identification of the accused by the victim, coupled with circumstantial evidence, is sufficient to convict for robbery with homicide, even if the direct assailant of the victim is not identified, provided conspiracy is established. Alibi is a weak defense that cannot prevail over positive identification.