PEOPLE OF THE PHILIPPINES VS. NESTOR BAJADA, VICTOR CALISAY AND JOHN DOE G.R. No. 180507, November 20, 2008

PEOPLE OF THE PHILIPPINES VS. NESTOR BAJADA, VICTOR CALISAY AND JOHN DOE G.R. No. 180507, November 20, 2008

Criminal Law Digested Case / Case Digest

Robbery with homicide

FACTS:

    On December 22, 1999, around 11:30 p.m., while 81-year old Villamayor was at home with his 24 year-old live-in partner, Anabelle Asaytono, they heard someone call for Villamayor asking for coffee. The caller introduced himself as "Hector," Villamayor's grandson, but Asaytono recognized the voice as Bajada's. As Villamayor opened the door, the caller, "Hector," pushed the door open with the barrel of a two-foot long gun. Asaytono recognized "Hector" as Bajada because of his average physique, repulsive smell, the black bonnet which he often wore at work, the deep-set eyes, mouth, a lump on his cheek, and the green shirt which was given to him by Villamayor. Asaytono likewise recognized one of the men as Calisay, noting his hair cut, eye bags, and voice. Calisay wore a red handkerchief across his face and carried a 14-inch knife in his right hand. The third unidentified man, John Doe, wore a bonnet and carried a 2 ½ foot long gun with a magazine.

            Upon entering the house, John Doe said, "There are many people in Calumpang who are angry at you because you are a usurer engaged in 5-6, so give me PhP 100,000 right now." John Doe made Villamayor sit down but when the latter refused, John Doe made him lie face down on the floor and kicked his back several times. Meanwhile, Bajada pointed his gun at Asaytono and demanded for money. Asaytono denied having any money. She was then made to lie face down on the ground and was kicked. John Doe asked from Villamayor the key to the cabinet which was a meter away from the latter. Villamayor brought out a key from his pocket and handed it to Bajada. Asaytono, who was able to stand up, saw the three accused unlock Villamayor's cabinet and took out its contents which consisted of documents and clothes. Accused-appellants also opened the drawer and took jewelry valued at PhP 80,000 and the PhP 20,000 and USD 500 cash.

            Thereafter, Bajada pushed Asaytono towards Villamayor, laying her head sideways on Villamayor's head. In this position, Asaytono was able to see Calisay repeatedly stab Villamayor on the back. Calisay then stabbed Asaytono on her left breast. Asaytono pretended to be dead as she lied on Villamayor who was still moving. The three men then hurriedly left the house. Asaytono stood up and saw through the three men move towards the rice field. She noticed that Villamayor's dog wagged its tail as it followed the three men, the way it did when accused-appellants would visit Villamayor.

Dr. Marilou Cordon, the medico-legal officer, testified that Villamayor's death was caused by hypovolemic shock secondary to stab wounds. She opined that the stab wounds may have been caused by a single bladed knife inflicted by one person. She added that the stab which pierced the right lung may have caused his instantaneous death due to blood loss.



ISSUE:

Are the accused guilty of the crime of robbery with homicide?

RULING:

In any case, Asaytono was able to sufficiently identify Bajada as one of the perpetrators to the satisfaction of the trial court. Asaytono's familiarity with Bajada cannot be denied; she has known Bajada and Calisay for more than a year prior to the incident. The two accused were also frequent visitors at the victim's house. Hence, Asaytono was acquainted with Bajada's physical features. The trial court found her testimony to be credible, frank, straightforward, and consistent throughout the trial. We see no reason to disturb this finding since trial courts are in a unique position to observe the demeanor of witnesses. The trial court's findings regarding the witness' credibility are accorded the highest degree of respect.

Furthermore, Bajada could not ascribe any plausible ill motive against the witness. His accusation against Asaytono that the latter was interested in inheriting from Villamayor is self-serving and uncorroborated. Even Bajada's own stepson, Calisay, stated that there was no prior misunderstanding between him and Asaytono and that he did not know any reason why Asaytono would accuse them of a crime. The letters allegedly written by an eyewitness who was afraid to testify in trial cannot be given probative value. The letters accused Asaytono as one of the culprits–a defense which was already dismissed by the courts a quo. There was no evidence to support such allegation. The said letters were belatedly submitted, uncorroborated, and cannot be admitted in evidence

            Bajada's alibi likewise deserves no merit. For alibi to prosper, it must be shown that the accused was somewhere else at the time of the commission of the offense and that it was physically impossible for the accused to be present at the scene of the crime at the time of its commission. Bajada himself admitted, however, that the travel time from Bayate, Liliw, Laguna to the crime scene is only 15 minutes by jeep. Hence, it was possible for him to be at the crime scene at or around the time the offense was committed.