G.R. No. 217028 - PEOPLE OF THE PHILIPPINES, V. BENJAMIN DOMASIG A.K.A. "MANDO" OR "PILIKITOT" ACCUSED-.

Ruling

WHEREFORE , the Court finds accused Benjamin Domasig @ Mando/Pilikitot, GUILTY beyond reasonable doubt of the crime of robbery with homicide defined and penalized under Article 294, paragraph 1 of the Revised Penal Code in relation to Article 63 paragraph 1 thereof and hereby sentences him to suffer the penalty of reclusion perpetua . He is further ordered to indemnify the heirs of [AAA] the amounts of Php50,000.00 as civil indemnity and Php50,000.00 as moral damages. The Warden of the Bureau of Jail Management and Penology, Sorsogon City District Jail is hereby ordered to bring the accused to the National Penitentiary in Muntinlupa City to serve his sentence and to inform this Court of his compliance thereof. [10] Aggrieved, accused-appellant appealed before the CA. The Court of Appeals Ruling In its decision, the CA affirmed the conviction of accused-appellant. It held that Gloriana's testimony was not affected by his inconsistent statements regarding the number of times accused-appellant stabbed the victim because he testified before the trial court more than two (2) years after the incident. The appellate court lent credence to Gloriana's testimony that the area where the victim was sleeping was well-lit, enabling him to see clearly the crime as it unfolded; and that the victim and accused-appellant were friends, thereby substantiating his claim that even if accused­-appellant's back was against him, he could identify the latter because of a tattoo on his right arm. It disposed of the case in this wise: WHEREFORE , premises considered, the instant appeal is hereby DENIED . The Decision dated September 20, 2013 of the Regional Trial Court, Branch 51, Sorsogon City is AFFIRMED with MODIFICATION in that all the amounts of damages awarded are subject to interest at the legal rate of 6% per annum, to be reckoned from the date of finality of this judgment until fully paid. [11] Hence, this appeal. ISSUE WHETHER THE GUILT OF ACCUSED-APPELLANT FOR ROBBERY WITH HOMICIDE HAS BEEN PROVEN BEYOND REASONABLE DOUBT. Accused-appellant argues that Gloriana made contradictory statements regarding the name of the perpetrator. On one hand, he identified him as "Mando" while his sworn statement revealed that he gave the full name of the accused-appellant; that Gloriana's attention was not focused on the stabbing incident because he was answering the call of nature at that time; that Gloriana was around six to eight meters away from the incident; and that Gloriana failed to describe the clothing or any other striking feature of accused-appellant for purposes of identification. THE COURT'S RULING Robbery with homicide qualifies when a homicide is committed either by reason or on occasion of the robbery. In charging robbery with homicide, the onus probandi is to establish: (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property belongs to another; (c) the taking is characterized with animus lucrandi or with int