G.R. No. 179499 - PEOPLE OF THE PHILIPPINES, VS. TORIBIO JABINIAO, JR. AND JOHN DOE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the assailed Decision dated April 19, 2000 of the Regional Trial Court, Branch 25, Cagayan de Oro City is hereby AFFIRMED with MODIFICATION to the effect that appellant is found guilty beyond reasonable doubt of the crime of Robbery with Homicide and is sentenced to suffer the imprisonment of reclusion perpetua in lieu of the death penalty pursuant to Section 2(a) of R.A. 9346. Appellant is hereby directed to pay the heirs of the victim P75,000.00 as civil indemnity, P50,000.00 as moral damages, P14,000.00 as actual damages, P25,000.00 as exemplary damages and P6,000.00 as temperate damages. [7] Appellant Jabiniao filed the present appeal, submitting the same Brief and Assignment of Errors it had presented before the Court of Appeals. His Assignment of Errors reads: I THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME CHARGED. II GRANTING THAT THE ACCUSED-APPELLANT IS GUILTY, THE COURT A QUO GRAVELY ERRED IN CONVICTING HIM FOR THE COMPLEX CRIME OF ROBBERY WITH HOMICIDE SINCE THE CRIMES COMMITTED ARE TWO SEPARATE CRIMES OF SIMPLE ROBBERY AND HOMICIDE WHICH WILL ENTITLE HIM TO THE IMPOSITION OF TWO DIVISIBLE PENALTIES FOR EACH OF THE TWO FELONIES CORRESPONDINGLY. [8] Whether the guilt of appellant Jabiniao was proved beyond reasonable doubt In asserting that his guilt has not been proven beyond reasonable doubt, appellant Jabiniao claims the contention of Maria Divina that the perpetrator removed his mask when he was searching the cabinet of the victim was tainted with falsehood, arguing that a robber who intended to hide his face would not conveniently remove his mask to reveal his identity. Appellant Jabiniao likewise points to the portion in Maria Divina's testimony wherein the robber panicked and ran away when Ruben was able to untie his hands. Appellant Jabiniao argues that this is incredible, as Ruben's feet had still been tied with a cord at that time, while the assailant was armed with a gun. Appellant Jabiniao thus offers his theory that he was pinned down by police officers for already facing several other criminal charges. We are not convinced. Unable to find inconsistencies in the prosecution's account of the alleged crime, appellant Jabiniao desperately seeks the indulgence of this Court by invoking what it claims to be natural reactions to a given situation. He claims that it is incredible for an assailant who had purposely concealed his identity with a bonnet or ski mask to remove the same while still in the presence of the victims. He claims that it is incredible for an assailant with a gun to panic when his nemesis was tied at the feet. To a certain extent, a logical and methodical assailant having nerves of steel would probably not do what the alleged assailant in the case at bar did. But while we can agree that an assailant who had purposely concealed his identity with a ski mask would probably not remove the same while still in the presence o