G.R. No. 110829 - THE PEOPLE OF THE PHILIPPINES, VS. MANUEL DIAZ Y TULIPAS, EDDIE LUTO Y SANIANO AND ARNALD ANGQUILO Y CALDERON, ACCUSED-.

Ruling

WHEREFORE, the Court finds accused Manuel Diaz y Tulipas, Eddie Luto y Saniana, and Arnald Angquilo y Calderon all guilty beyond reasonable doubt of the crime of robbery with homicide charged herein, defined and punished in Art. 294(1) of the Revised Penal Code, as principals in the commission thereof and, accordingly, they are hereby sentenced each to suffer the penalty of reclusion perpetua; jointly and severally to indemnify the heirs of the deceased Ferdinand Furigay in the sum of P112,118.28 as actual damages and in the further sum of P50,000.00 as death indemnity; and, to pay the costs proportionately, without prejudice to the application of Republic Act No. 6127. The return to their lawful owner/s of the subject items of property marked in evidence as Exhibits E thru G, inclusive, is hereby ordered subject to applicable licensing and clearance requirements." In their brief, [33] accused-appellants assigned the following errors: 1. THE TRIAL COURT GRAVELY ERRED IN GIVING CREDENCE TO THE INCREDIBLE, UNRELIABLE AND UNWORTHY TESTIMONIES OF THE PROSECUTION WITNESSES. 2. THE TRIAL COURT GRAVELY ERRED IN RULING THAT CONSPIRACY WAS PRESENT IN THE INSTANT CASE AND IN FINDING ALL THE ACCUSED GUILTY OF THE CRIME CHARGED DESPITE FAILURE ON THE PART OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT. 3. THE TRIAL COURT GRAVELY ERRED IN GIVING IMPRIMATUR TO THE SEARCH, SEIZURE AND ARREST CONDUCTED ON THE THREE ACCUSED HEREIN NOTWITHSTANDING THE FACT THAT THESE WERE MADE IN CLEAR VIOLATION OF THEIR CONSTITUTIONAL RIGHTS. The appeal is without merit. Appellants contend that the prosecution has failed to establish their identity and participation in the crime considering that none of the witnesses for the prosecution saw the crime. Allegedly, these witnesses were not able to enter the store upon hearing the gunshot because they were prevented by a man who wore dark eyeglasses and who poked a gun at them. The records will show that Bacani and Caliguiran positively identified Diaz, Luto and Angquilo as the perpetrators of the crime: MELCHOR BACANI DIRECT EXAMINATION Q Now, on such date (October 30, 1992) and time (6:00 p.m.), Mr. Witness, was there any untoward incident that happened? A Yes, sir. Q What was this untoward incident (sic) happened, Mr. Witness? A While I was washing the car, I noticed a person enter, sir. Q Where did this person enter, Mr. Witness? A Inside the store, sir. Q Is this person whom you said on such date and time, if he is present in court, can you identify him? (sic) A Yes, sir. Q Will you please look around in (sic) this courtroom and inform this Honorable Court if this person whom you said you saw entered (sic) the store of Ferdinand Furigay is inside this courtroom, Mr. Witness? A That person is here, sir. Q Can you please point out (sic) to this person, Mr. Witness? A (witness went down the stand and approached the first row and pointed to the person of accused Manuel Diaz) Q Now, Mr. Witness, what happened after t