G.R. No. 180507 - PEOPLE OF THE PHILIPPINES, VS. NESTOR BAJADA Y BAUTISTA, VICTOR CALISAY Y LOYAGA, AND JOHN DOE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, IN THE LIGHT OF ALL THE FOREGOING CONSIDERATIONS, the Court finds both the accused NESTOR BAJADA and VICTOR CALISAY as GUILTY BEYOND REASONABLE DOUBT as co-principals of the offense of ROBBERY WITH HOMICIDE as defined and punished under paragraph No. (1) of Article 294 of the Revised Penal Code as amended by the Death Penalty Law (RA 7659) and as charged in the Information and taking into consideration the two (2) aggravating circumstances enumerated hereinbefore without any mitigating circumstance that would offset the same, hereby sentences both the said accused to suffer the SUPREME PENALTY OF DEATH and to pay the heirs of the deceased Antonio Villamayor the sum of P50,000.00 as death indemnity and the sum of P78,620.00 as reasonable expenses incurred by reasons of said death and to pay the cost of the instant suit. [10] Accused-appellants filed their brief before this Court on April 3, 2003, docketed as G.R. No. 153218. On September 21, 2004, we transferred the case to the CA in accordance with People v. Mateo . [11] The Ruling of the CA In their appeal before the CA, accused-appellants reiterated their defenses of denial and alibi. They claimed that Asaytono's testimonies in court on March 30, 2000 and April 4 and 6, 2000 were inconsistent to the statements she gave to the police on December 28, 1999, and with the statements given to MCTC Judge Bercales on December 29, 1999. These alleged inconsistencies referred to the identity of the caller, the state of intoxication of accused-appellants, and the manner of identification of accused-appellants as the perpetrators of the crime. The CA held that Asaytono's testimony was categorical and straightforward, and her identification of accused-appellants was consistent. Having worked with accused-appellants in the farm for a year, she can readily identify their facial features, voices, physique, and smell. According to the CA, the details which were lacking in her sworn statement but which she supplied in open court only served to strengthen her testimony. The CA did not lend credence to accused-appellants' defense of alibi since it was possible for them to be at the crime scene--they claimed that they slept at 11:00 p.m. while the incident happened at 11:30 p.m.; and the victims' house was only 15 minutes away by jeep from the farm. The CA, however, disagreed with the trial court's finding of the aggravating circumstances of dwelling and additional serious physical injury. It said that the information failed to specifically allege the aggravating circumstance of dwelling; hence, it cannot be appreciated even if proved during trial. Also, applying People v. Abdul , the appellate court held that the homicides or murders and physical injuries committed on occasion or by reason of the robbery are merged in the composite crime of "robbery with homicide." [12] It concluded that absent any mitigating or aggravating circumstances, the penalty should be reduced to reclusion perpetua . The disposi