G.R. No. 124640 November 29, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JERRY A. CAPCO, ERWIN T. PANES, CHARLIE M. PANES and RENATO D. AGPOON, accused, RENATO D. AGPOON, accused-appellant.

FACTS

Accused Jerry Capco, Erwin Panes, Charlie Panes, and Renato Agpoon were charged with robbery with homicide for robbing and killing Alberto Flores. The prosecution’s main witness, Bolivar Flores (the victim’s son), testified that four armed men, including appellant Agpoon, barged into their store. He later clarified that only Capco, Erwin Panes, and another individual (Eduardo Padawan) actually entered, while Charlie Panes and Agpoon stood guard outside. Bolivar claimed he saw Agpoon outside from a distance of one meter about fifteen minutes after the incident when he sought help. The accused were subsequently arrested based on this identification.
The defense presented alibi. Agpoon testified he was drinking with the other accused earlier but left at 10:00 PM to go to his girlfriend’s house in Novaliches, before the robbery occurred around 11:00 PM. His testimony was corroborated by his co-accused. Erwin Panes stated Agpoon had already left, and Jerry Capco confirmed that only he, Padawan, and Erwin Panes proceeded to the Flores store. The trial court convicted all four accused. Agpoon appealed, arguing the prosecution failed to prove his guilt beyond reasonable doubt.

ISSUE

Whether the prosecution proved the guilt of accused-appellant Renato Agpoon for the crime of robbery with homicide beyond reasonable doubt.

RULING

No. The Supreme Court acquitted Renato Agpoon. The ruling hinged on the insufficiency of the prosecution’s evidence to establish his participation beyond a reasonable doubt. The Court found the testimony of eyewitness Bolivar Flores inconsistent and unreliable regarding Agpoon’s presence. Bolivar initially stated four men barged in but later recanted, specifying that Agpoon was merely outside. His claim of seeing Agpoon from one meter away fifteen minutes after the crime was deemed doubtful, as he had just been assaulted, his father was shot, and the scene was chaotic. The Court noted that in such a state of excitement and fear, his observation was not trustworthy.
Crucially, the Court gave weight to the corroborated defense of alibi. The testimonies of Agpoon’s co-accused, who had no apparent motive to exonerate him, consistently stated he had departed before the robbery. Erwin Panes and Jerry Capco, who were directly involved, did not implicate Agpoon in their accounts of the incident. This created reasonable doubt as to his presence and participation. In criminal cases, conviction must rest on moral certainty. Where the evidence fails to meet the standard of proof beyond reasonable doubt, the accused must be acquitted. The Court modified the trial court’s decision, affirming the conviction of the three other accused (who did not appeal) but ordering Agpoon’s immediate release.