G.R. No. 123299 - PEOPLE OF THE PHILIPPINES, VS. SANTIAGO CARUGAL AND EFREN ESPINOSA, JR., ACCUSED, SANTIAGO CARUGAL, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding accused Santiago Carugal and Efren Espinosa, Jr. guilty beyond reasonable doubt of the crime of robbery with homicide and they are each hereby sentenced to the prison term of reclusion perpetua , together with all the accessory penalties thereof. Accused Carugal and Espinosa are also ordered to indemnify the heirs of their victim the following amounts. a.) P50,000.00 for the loss of the victim's life; b.) P95,000.00 for the funeral and burial expenses of the victim; c.) P50,000.00 by way of moral damages for the pain and anguish they suffered for his untimely death. Costs against the two (2) accused. Only accused-appellant Santiago Carugal interposed an appeal to this Court. In his brief, accused-appellant raised the following errors allegedly committed by the trial court: 1. In relying mainly on the testimony of the driver, Leonilo Apostol, which is riddled with inconsistencies, not worthy and credible in itself, nor easy to believe, considered (sic) that he was able to identify herein appellant in that line-up after several attempts, possibly coached by the policemen, as the slain PO1 Fernando Salao is a member of the Navotas Police Force and the said incident happened almost three months ago. 2. In failing to appreciate the fact that a series of reports as published in the newspapers that the killer of the late PO1 Salao was a certain Joey Abarquez, a member of the Estribo Gang, who was shot by the responding Navotas Policemen and recovered from him was the service firearm of the late Salao. Appellant's contentions have no merit. The guilt of appellant was proven beyond reasonable doubt. Prosecution witness Leonilo Apostol positively identified Carugal and Espinosa, Jr. as the culprits. On appellant's contention that Apostol identified him from the line-up only after several attempts or that he was possibly coached by the policemen from the Navotas Police Station, the same is not borne out by the records. The testimony of Apostol on appellant's identification is explicit, thus: Q. And what happened after when you called up considering two of the accused were already apprehended? A. A line-up was formed and I was asked any of the form each. Q. How many composed the line-up? A. Seven (7), sir. Q. Who prepared the line-up? A. Police Navotas, sir. Q And where was the line-up conducted, is it in the investigation or inside the cell? A. At the office of the desk officer. Q. And you were able to identify any of the seven? A Yes, sir. Q Whom you were able to identify? A I was able to identify the two (2), sir. Q You are referring to the two (2) accused now arrested, Santiago Carugal and Efren Espinosa? A. Yes, sir. Q. Why, what made you to identify them, three (3) months had past (sic) already, what made you to recognize their faces? A. This kind of extra ordinary one in my life and for this reason, I cannot forget the faces of the holduppers. FISCAL SISON: Your Honor, may I move for