PEOPLE OF THE PHILIPPINES, vs. MARTIN ALVERO, JR., "JOHN DOE", RUBEN DE LAS ALAS and "ISTING DOE," accused.
- G.R. Number: G.R. No. 72319
- Promulgated: 1993-06-30
- Ponente: Davide, Jr., J.
Doctrine
Conviction may be sustained on circumstantial evidence when the circumstances are consistent only with the guilt of the accused.
Flight, when unexplained, is competent circumstantial evidence from which an inference of guilt may be drawn.
In the absence of proof of improper motive, a prosecution witness's testimony is entitled to full faith and credit.
Facts
Accused Martin Alvero Jr. was found guilty of Robbery with Homicide and sentenced to reclusion perpetua; monetary awards and return of a motorcycle engine block were ordered (dispositive details in judgment).
After conviction, Alvero's motion for reconsideration was denied; he appealed and the case records were forwarded to the Supreme Court; a stenographer failed to transcribe one witness's testimony and was ordered arrested to compel compliance.
The principal appellate issue was whether the conviction, which rested substantially on circumstantial evidence, was correct.
The Court noted prosecution witness Pfc. Cordero's testimony lacked evidence of improper motive, supporting its credibility; the Court also discussed flight as competent circumstantial evidence of guilt.
Issues
Whether the appellant's conviction based on circumstantial evidence is correct.
Whether the trial court's award of P600,000.00 as the victim's unearned income is supportable and whether other awards should be adjusted.
Ruling
The Court affirmed the conviction for Robbery with Homicide; Alvero was found guilty beyond reasonable doubt and sentenced to reclusion perpetua with specified civil indemnities and damages.
The P600,000.00 award for unearned income was deleted as speculative for lack of requisite particulars; indemnity for death was increased from P30,000.00 to P50,000.00; costs against appellant; order for return of the motorcycle engine block upon finality.
Accused shall be credited with the full time of preventive imprisonment if he agrees in writing to prison rules; otherwise credited with four-fifths of such time.
Keywords
G.R. No. 72319, robbery with homicide, reclusion perpetua, Article 294 of the Revised Penal Code, actual damages, moral damages, unearned income, conspiracy, intent to gain, intent to kill, bladed weapons, motorcycle engine block assembly, preventive imprisonment, alibi, information, arraignment, plea of not guilty, archiving of Criminal Case No. 2365-SP, alias warrants of arrest, decision