Digest.ph

This case involves the crime of robbery with homicide committed by Juan Espera and Francisco Tolitol. The trial court found both accused guilty and sentenced Espera to death and Tolitol to reclusion perpetua. The appellants argued that the lower court erred in giving weight to the testimony of the prosecution witness, finding them guilty beyond reasonable doubt, and in finding the aggravating circumstances of treachery and evident premeditation. They also claimed that the lower court did not give weight to their alibi defense. The Supreme Court upheld the credibility of the prosecution witness and found no reason to disturb the lower court's findings of fact. However, it held that there was insufficient evidence to prove the physical act of asportation of the stolen items by the accused themselves, thus disregarding the charge of robbery. The court also found that treachery and evident premeditation were not present, but dwelling should have been considered as an aggravating circumstance. As a result, the court modified the sentence and imposed an indeterminate sentence of 12 years of prision mayor to 20 years of reclusion temporal on both appellants.

The findings of the trial court on the credibility of witnesses are respected by the appellate courts, unless it has plainly overlooked certain facts of substance and value which, if considered, might affect the result of the case. Alibi defense can only prevail if the accused can show that it was impossible for them to have been at the place where the crime was committed at the time of its commission.