GR 126046; (August, 1998) (Digest)
G.R. No. 126046 August 7, 1998.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERT DARAMAN @ “JOVIT,” EDGARDO LUMENARIAS @ “ALONG,” ELIAS FUENTES (at large), JESSIE OBLIMA (at large), accused, ROBERT DARAMAN @ “JOVIT”, appellant.
FACTS
On the evening of September 30, 1992, spouses Fausto and Lina Labrador were eating in their kitchen in Sto. Tomas, Davao, when a customer called from their sari-sari store. Lina attended to the customer and called for Fausto. In the store, Fausto saw his wife trembling before two armed men, accused Edgardo Lumenarias and appellant Robert Daraman, who announced a hold-up. The robbers forced their way into the couple’s residence. Lumenarias entered the house with Lina, while Daraman stood guard over Fausto with a handgun. Fausto heard the robber hurrying his wife, the sound of keys opening cabinets, and then a gunshot. He saw Lumenarias pick up coins from the floor before fleeing with Daraman. Fausto found his wife with a gunshot wound to the head; she died in his arms. Missing were cash amounting to P2,000.00, two wrist watches, and motorcycle keys. Fausto positively identified Lumenarias as the one who shot his wife and Daraman as the one who guarded him. His testimony was corroborated by Bienvenido Piamonte, a co-conspirator who acted as a lookout. Piamonte testified that the robbery was planned a month earlier at Lumenarias’s residence, involving Daraman, Lumenarias, Elias Fuentes, and Jessie Oblima. After the robbery, the group met at Lumenarias’s house and each received P100.00 as their share. Lumenarias told Piamonte he killed the victim because she shouted. The defense presented an alibi, with appellant claiming he was working in Diwalwal, Monkayo, Davao, from September 15 to October 15, 1992, a claim supported by his employer, Alberto Caangay. Edgardo Lumenarias, who had pleaded guilty, testified for the defense, claiming the robbery was planned by Piamonte and executed by himself and a certain “Totong,” not Daraman, whom he claimed to have met for the first time in jail on October 18, 1992.
ISSUE
Whether the testimony of a single credible and trustworthy witness, absent any showing of bias or ill motive, is sufficient to convict the appellant of robbery with homicide.
RULING
Yes. The Supreme Court affirmed the conviction. The trial court correctly gave full credence to the positive identification and testimonies of Fausto Labrador, the victim’s spouse, and Bienvenido Piamonte, a co-conspirator. The Court reiterated the well-settled doctrine that the testimony of a single credible and trustworthy witness is sufficient to convict, especially when the witness is not shown to have been motivated by any bias or ill motive. Fausto Labrador had no reason to falsely accuse the appellant, and his testimony was clear, convincing, and consistent. The defense of alibi was weak and could not prevail over positive identification. The Court found no reason to disturb the trial court’s findings on credibility. Appellant Robert Daraman was found guilty as a co-principal in the crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code. The penalty of reclusion perpetua was affirmed. The Court also modified the award of damages, increasing the civil indemnity for the death of Lina Labrador to P50,000.00, awarding P19,000.00 as actual damages for burial and funeral expenses, P50,000.00 as moral damages, and P25,000.00 as exemplary damages due to the aggravating circumstance of dwelling. The appellant was also ordered to return the stolen cash and items or their value.
