People Vs Labugen

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SUPREMECOURTREPORTSANNOTATEDVOLUME337
488
SUPREME COURT REPORTS ANNOTATED

People vs. Labuguen
*
G.R. No. 127849. August 9, 2000.
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.

VIVENCIO LABUGUEN @ DENCIO, accusedappellant.
Criminal Law Circumstantial Evidence An accused can be
convicted on the basis of circumstantial evidence where the
circumstances constitute an unbroken chain leading to one fair
reasonable conclusion and pointing to the accused, to the exclusion
of all others, as the guilty person.Circumstantial evidence is
that which indirectly proves a fact in issue. The factfinder must
draw an inference from such evidence. It is at times essential to
resort to circumstantial evidence since to insist on direct
_______________
*
EN BANC.
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People vs. Labuguen
testimony would, in many cases, result in setting felons free and

deny proper protection to society. An accused can be convicted on
the basis of circumstantial evidence where the circumstances
constitute an unbroken chain leading to one fair reasonable
conclusion and pointing to the accused, to the exclusion of all
others, as the guilty person. Under Section 4, Rule 134 of the
Rules on Evidence, circumstantial evidence is sufficient for
conviction if: a) There is more than one circumstance b) The facts
from which the inferences are derived are proven and c) The
combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt.
http://www.central.com.ph/sfsreader/session/000001581e1a645a6cab8e60003600fb002c009e/t/?o=False
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Same Same Robbery with Homicide The two inches thick of

one hundred peso bills in the accuseds pocket and the blood
smeared on his clothes are two vital chains of circumstances that
undoubtedly bespeak of the robbery with homicide the accused
committed.Appellants intention to rob the victim can be
gleaned unerringly from the attendant circumstances. Obviously,
robbery was the motive that impelled appellant to convince the
victim to go with him. Under the pretext of selling cows to him,
appellant cajoled the victim to bring a large sum of money and
thereafter, lured him to a route where appellant could divest him
of his money with the least danger of being caught. As aptly
surmised by the trial court, the two inches thick of one hundred
peso bills in appellants pocket and the blood smeared on his
clothes are two vital chains of circumstances that undoubtedly
bespeak of the robbery with homicide appellant committed.
Witnesses It is a jurisprudentiallyembedded rule that on the
issue of credibility of witnesses, appellate courts generally do not
disturb the findings of the trial court, considering its singular
opportunity to observe the deportment and manner of testifying of
the witnesses.The lower court erred not in giving full weight and
credence to the testimonies of the prosecution witnesses
particularly identifying appellant as the person last seen in the
company of the victim before the latter was found dead. The
testimonies on record are clear and straightforward. And, finding
the witnesses for the People not illmotivated to testify against
the appellant, the Court discerns no basis for doubting their
credibility. Moreover, it is a jurisprudentiallyembedded rule that
on the issue of credibility of witnesses, appellate courts generally
do not disturb the findings of the trial court, considering its
singular opportunity to observe the deportment and manner of
testifying of the witnesses.
Alibi For alibi to prosper, the accused must prove that he was
somewhere else when the crime was committed and that it was
physically im
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People vs. Labuguen
possible for him to have been at the scene of the crime.Disowning

liability for the commission of the crime complained of, appellant
theorized that he was in Maconacon, Isabela, from October 17,
1994 up to December 20, 1994. The Court, however, finds no
credibility in the alibi theorized upon by appellant. It bears
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stressing that for alibi to prosper, appellant must prove that he

was somewhere else when the crime was committed and it was
physically impossible for him to have been at the scene of the
crime. In the present case of appellant, he failed to establish the
requisite physical impossibility of his presence at the locus
criminis at the approximate time of its commission. Granting
arguendo that the appellant really went to Maconacon, Isabela on
October 17, 1994, it was easy for him to go back by plane or by
boat to Cauayan, Isabela, on or before October 27, 1994.
Criminal Law Aggravating Circumstances Craft Fraud
Words and Phrases Craft involves intellectual trickery and
cunning on the part of the offender, and when there is a direct
inducement by insidious words or machinations, fraud is present.
Though not alleged in the Information, the generic aggravating
circumstances of fraud and craft were properly appreciated by the
trial court. Craft involves intellectual trickery and cunning on the
part of the offender. When there is a direct inducement by
insidious words or machinations, fraud is present. By saying that
he would accompany the victim to see the cows which the latter
intended to buy, appellant was able to lure the victim to go with
him.
AUTOMATIC REVIEW of a decision of the Regional Trial

Court of Cauayan, Isabela, Br. 20.
The facts are stated in the opinion of the Court.
The Solicitor General for plaintiffappellee.
Lapena Law Office for accusedappellant.
PER CURIAM:
1
For automatic review is the Decision dated October 7,

1996, of the Regional Trial Court of Cauayan, Isabela,
Branch 20, finding appellant Vivencio Labuguen @ Dencio
guilty of the crime of Robbery With Homicide in Criminal
Case No. 20738, and sentencing him thus:
_______________
1
Penned by Judge Henedino P. Eduarte.

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People vs. Labuguen

WHEREFORE, finding the accused VIVENCIO LABUGUEN @
DENCIO GUILTY beyond reasonable doubt of the crime of
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ROBBERY WITH HOMICIDE as alleged in the information and

considering the presence of the aggravating circumstances of
fraud and craft without any mitigating circumstance, the Court,
considering the provision of Article 294, paragraph 1 of the
Revised Penal Code, as amended by Republic Act 7659, hereby
sentences said accused VIVENCIO LABUGUEN the penalty of
DEATH. The accused Vivencio Labuguen is hereby ordered to pay
the heirs of Bonifacio Angeles P40,000.00 for the money taken,
P55,100.00 for the expenses incurred during the wake and burial
of
the
deceased
Bonifacio
Angeles
and
P50,000.00
indemnification. Cost
against the accused.
2
SO ORDERED.
Filed on February 3, 1995, the information indicting

appellant alleges:
That on or about the 27th day of October, 1994, in the
municipality of Angadanan, province of Isabela, Philippines, and
within the jurisdiction of this Honorable Court, the said accused,
by means of force, violence and intimidation against person and
with intent to gain, did then and there, willfully, unlawfully and
feloniously, take, steal and carry away cash money in the amount
of P40,000.00 and belonging to Bonifacio Angeles @ Asiong,
against his will and consent, to the damage and prejudice of the
said Bonifacio Angeles @ Asiong, in the aforesaid amount of
P40,000.00 that on the occasion and by reason of said robbery,
and for the purpose of enabling him to take, steal and bring away
the said money, the accused, did then and there, willfully,
unlawfully and feloniously, with intent to kill and without any
just motive, assault, attack and shoot for several times with a
firearm and stab for several times with a pointed/ bladed
instrument the said Bonifacio Angeles @ Asiong, inflicting upon
him multiple gunshot wounds and multiple stab wounds on the
different parts of his body,3which directly caused his death.
CONTRARY TO LAW.
With the appellant, assisted by Atty. Dionisio

E. Bala, Jr.,
4
pleading not guilty upon arraignment on April 5, 1995,
trial ensued with the prosecution presenting Marilou Dabo,
Tomas Pabi
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2
Rollo, p. 246.
Original Records (O.R.) p. 50.
O.R. pp. 69 and 73.

492
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492

People vs. Labuguen
gayan, Romeo (Romy) Bariza, Pantaleon Tagora, Elpidio

Rivera, SPO2 Joselito Apalisoc, SPO1 Elmo Bungag, Edgar
Valle, Geronimo Rivera, Dr. Inocencio R. Agpaoa and
Federico Angeles, as its witnesses.
The defense called on Victoriano Dy, Romeo Estacio,
Precila Labuguen, Lt. David Palaganas, Tranquilino
Cagurangan, Jessie Cabbab and Orlando Ramos and the
appellant himself to testify.
The facts that matter are synthesized in the decision of
the trial court as follows:
x x x Bonifacio Angeles, 56, (Bonifacio) was engaged in the
business of buying cows which he sold at the public market.
Although he was married to Damasa Gante with whom he had
nine (9) children, he lived with another woman, Marilou Dabo, 28,
at Coloma Village, San Fermin, Cauayan, Isabela. They begot two
(2) children during their ten (10) years of coverture.
Early in the morning of October 27, 1994, Tomas Pagbigayan
(sic) (Tomas) went to the house of Bonifacio at San Fermin. Tomas
offered two cows to sell to Bonifacio. Bonifacio said that when he
has time, he will go and see the cows. After their talk Bonifacio
gave Tomas a lift on his Honda Sports XL100 motorcycle and
accompanied him to the crossing where he could take a ride home.
Tomas sat on the backseat of the motorcycle.
Marilou Dabo declared that when Bonifacio returned home, the
accused Vivencio (Dencio) Labuguen was with him. The accused
sat behind Bonifacio who drove the motorcycle.
The accused stayed on the porch of the house. Marilou Dabo
served him coffee. The accused told Bonifacio that he knows of
three big cows for sale and that the place where they are is near.
Bonifacio said that he will go and see the cows, after breakfast.
Marilou Dabo declared in her testimony that the accused had a
handkerchief tied around his forehead as a headband. He was
wearing dark sunglasses, dark jacket and a faded maong pants.
He wore rubber slippers. Marilou Dabo recognized him as the
accused Vivencio Labuguen because before October 27, 1994, the
accused had already come to their house and offered to sell a lot to
Bonifacio. After Bonifacio finished his breakfast, he went to the
porch and talked to the accused for about fifteen (15) minutes.
Marilou Dabo was in the kitchen three meters away from them.
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Bonifacio entered their room and took P40,000.00 from the

cabinet. Bonifacio got P40,000.00 because the accused told him
the cows are big. He counted the money and placed it inside his
pocket. Marilou Dabo was beside him. She saw Bonifacio count
the P40,000.00 in P1,000.00, P500.00 and P100.00 bills.
Then Bonifacio and the accused rode on the motorcycle.
Bonifacio drove the motorcycle. The accused was seated behind
Bonifacio. This was past 8:00 oclock in the morning of October 27,
1994.
Bonifacio and accused Vivencio Labuguen passed by the house
of Romeo Bariza, 47, farmer, who resided in San Fermin,
Cauayan. His house was 120 meters away from the house of
Bonifacio. Bariza was planting kahoy when he saw at a distance
of 20 meters Bonifacio and the accused pass by riding on a
motorcycle color (sic) red and black, running slowly because the
road was full of potholes. Bariza declared that Bonifacio and the
accused glanced at him. He recognized Bonifacio because he is his
compadre and the accused because he had known him months
before that date. Accused was wearing sunglasses and a cloth on
his forehead. In Court, Bariza identified the accused Vivencio
Labuguen as the same person he saw riding with Bonifacio that
morning of October 27, 1994, while he was planting kahoy.
Tomas declared that he was not able to get immediately a ride
going home. While at the crossing waiting for a ride, he saw
Bonifacio and the accused Vivencio Labuguen. They rode on a
motorcycle driven by Bonifacio. The accused sat on the backseat of
the motorcycle. They glanced at Tomas. Tomas saw the face of the
accused who was wearing sunglasses with a handkerchief tied
around his forehead. Tomas recognized the accused Vivencio
Labuguen because on October 22, 1994, he saw him talking to
Romy Bariza on the road in front of the latters house in San
Fermin. When the accused left, he (Tomas) asked Romy Bariza
who was the person he talked with and he answered, Dencio.
Dencio is the nickname of the accused Vivencio Labuguen.
Accused then left driving a tricycle.
At about 10:00 oclock that morning of October 27, 1994,
Pantaleon Tagora, 55, farmer and a resident of Ramona,
Angadanan, was on his way home. He had just come from his
cornfield. He was walking on top of the irrigation canal near the
service drop when he met two (2) male persons. One was younger
than the other. The young one wore a jacket which was quite
yellow. His face was quite round. He was not wearing sunglasses
or headband. In Court, Tagora identified the younger person as
Vivencio Labuguen. (TSN p. 10, Tagora, July 5, 1995). The older
one wore a faded maong pants. His face was quite elongated. They
were seated four (4)
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People vs. Labuguen
meters apart. Tagora first met the older male person. This place
where Tagora met them was one and a half kilometers from his
house.
Tagora passed by the two persons without talking to them.
After walking 200 meters away from them, he saw a motorcycle
parked on the way.
The top of the irrigation canal was used as an exit road to the
National Highway between Alicia on the South and Cauayan on
the North. (TSNDr. Agpaoa, p. 13, October 31, 1995)
Elpidio Rivera, 31, farmer and a resident of Barangay Viga,
Angadanan, one (1) kilometer West of Ramona, was sundrying
(sic) his corn on the concrete edge of the road near his house at
about 10:30 oclock that morning of October 27, 1994. This road
goes to Angadanan and then to Cauayan (TSN p. 7, Elpidio
Rivera, August 16, 1995). His attention was attracted by a loud
roar of a motorcycle coming towards his place. Elpidio stopped
working. At a distance he saw a person riding on a red motorcycle
(sports type). He came from the West from Ramona and going
towards the East. When it was near the place where Elpidio was
drying corn, the motorcycle slowed down because it was a curve.
Elpidio declared in court that he saw the face of the motorcycle
rider: quite round, wearing a light yellow jacket with a
handkerchief around his forehead. The handkerchief was black
with red dots. He was 6 to 7 meters from Elpidio when he passed
by. In Court, Elpidio readily identified the accused Vivencio
Labuguen as the person he saw riding on the motorcycle. (TSN
Rivera, p. 8, August 16, 1995)
Between 11:00 to 12:00 oclock noon on October 27, 1994,
Geronimo Rivera, 45, was driving a Challenger, a passenger mini
bus (sic), at Barangay Nappaccu Grande (Nappaccu), Reina
Mercedes, Isabela. His conductor wag Eduardo Valle, 20. They
came from Santiago, Isabela, bound for Tuguegarao, Cagayan.
There were passengers in the bus.
At Nappaccu, Geromino Rivera (Rivera) saw at a distance of
200 meters, a person behind some talahibs near the National
Highway. When the minibus (sic) came near to a distance of 50
meters from the person, Rivera noticed that he was wiping
something on his right hand and right face. When the minibus
(sic) was near, the person flagged it down. The bus stopped.
Rivera saw a Honda XL100 motorcycle three (3) meters from the
person near the edge of the highway.
Conductor Eduardo Valle, went down the minibus (sic) to allow
the person to get inside the bus. He observed that his clothes,
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particularly the right side of his jacket and the right side of his
pants, was soaked with blood. He was wearing a cream jacket,
maong pants, sunglasses and a handkerchief tied around his
forehead. Eduardo Valle thought he met an
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People vs. Labuguen
accident but when he looked at the Honda XL100 motorcycle

parked behind the person, it was not damaged and that he had no
injuries.
The person sat on the 5th row seat, a 3seater, on the left. He
was alone there. The 4th, 3rd, 2nd and 1st row of seats were
vacant. He placed the palm of his hands behind his head. He
acted as if he was looking for something which he could not find.
Rivera could see him clearly on the big rear view mirror (1 foot by
1/2) above him.
Conductor Eduardo Valle went to him and asked him where he
was going but the person did not answer, instead, without saying
anything, he gave a P10.00 bill to Eduardo Valle. He asked the
person where he was going to alight so he could give him his
change, but the person did not answer. Eduardo Valle declared in
Court that he saw the breast pocket of the jacket of the person full
of money, two inches thick P100.00 bills. One bill was falling, so
Eduardo Valle told the person, Brod, your money is falling.
In Court, Geronimo Rivera and Eduardo Valle positively
identified the person who rode on the minibus (sic) with blood
soaked clothes and plenty of money on the breast pocket of his
jacket as the accused Vivencio Labuguen. They also positively
identified the Honda XL100 (Exhibit G) as the same motorcycle
behind the accused which was left when he boarded the minibus
(sic) at Nappaccu.
When some passengers alighted at the junction of the road in
Naguillan going to San Mariano, Isabela, the accused suddenly
stood up and alighted from the minibus (sic). He did not even get
his change.
Going back to Pantaleon Tagora at Ramona, Angadanan.
Between 1:00 to 2:00 oclock in the afternoon of October 27, 1994
while he was in his house at Ramona, he heard that a dead person
was found near the irrigation canal. He and his neighbors went to
see the dead person. He was surprised to see that the dead person
was the same older person who was the companion of the younger
one he met that morning. He identified the younger person as the
accused. The body of the deceased was on the middle of a ricefield
(sic), 50 meters from the service drop of the irrigation canal.
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At about 5:00 oclock that afternoon of October 27, 1994, Dr.

Agpaoa in the presence of Mayor Ong and Chief of Police
Redentor Garcia of Angadanan, Isabela, conducted an
examination of the body of the deceased person at the middle of a
ricefield (sic) in Barangay Ramona, Angadanan. The dead person
was identified as Bonifacio Angeles by his brother Federico
Angeles. Dr. Agpaoa wrote his findings while on the ricefield (sic).
Later, after examining again the body at the Funeraria, he put
his findings into final form in his Autopsy Report marked Exhibit
K. In his
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People vs. Labuguen
Autopsy Report, Dr. Agpaoa found the following wounds on the

body of the deceased Bonifacio Angeles, thus:
Postmortem Findings
1. Gunshot wound, entrance left, inferior margin of left
clavicle, slightly outside the left midclavicular line,
directed slightly downward, backward and medially.
2. Gunshot wound, entrance, right side of the thoracic cage,
along slight anterior axillary line, between 6th & 5th
costal interspace, directed medially.
3. Stab wound, left temporal area, above the left ear.
4. Stab wound, supra sternal notch (deep) penetrating chest
cavity.
5. Stab wound, supra clavicular
penetrating chest cavity.
area,
downwards,
6. Multiple superficial stab wound over anterior chest wall

and abdominal wall.
7. Stab wound on both thighs, anterior surface. Cause of
deathInternal Hemorrhage.
x x x x x x x x x
x x x x x x x x x
The heirs 5of Bonifacio Angeles spent P55,000.00 for his burial
(Exhibit L).
Appellant placed reliance on his defense of denial and alibi.

Vehemently denying the charge against him, he
asseverated that he could not have committed the crime on
October 27, 1994 because he left for Maconacon, Isabela on
October 17, 1994, to manage the logging operation of a
certain Orlando Ramos and stayed there until December
6
20, 1994. On October 7, 1996, the trial court handed
down
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6
20, 1994. On October 7, 1996, the trial court handed down

its decision under review. The defense theorized that:
I
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED
ON
THE
BASIS
OF
SURMISES,
SPECULATIONS,
INSUFFICIENT AND INCREDIBLE CIRCUMSTANTIAL
EVIDENCE
_______________
5
Decision, Rollo, pp. 235239.
Id., p. 239.
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People vs. Labuguen
II
THE TRIAL COURT ERRED IN TOTALLY DISREGARDING
THE EVIDENCE ADDUCED BY THE DEFENSE and
III
THE TRIAL COURT ERRED IN FINDING THE ACCUSED
GUILTY
OF
THE 7 OFFENSE
CHARGED
BEYOND
REASONABLE DOUBT.
Circumstantial evidence is that which indirectly proves a

fact in issue. The factfinder must draw an inference from
such evidence. It is at times essential to resort to
circumstantial evidence since to insist on direct testimony
would, in many cases, result in setting felons free and deny
proper protection to society. An accused can be convicted on
the basis of circumstantial evidence where the
circumstances constitute an unbroken chain leading to one
fair reasonable conclusion and pointing to the accused,
to
8
the exclusion of all others, as the guilty person. Under
Section 4, Rule 134 of the Rules on Evidence,
circumstantial evidence is sufficient for conviction if:
a) There is more than one circumstance
b) The facts from which the inferences are derived are
proven and
c) The combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.
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In the case under consideration, the testimonies of the

prosecution witnesses spawn and generate the following
facts which constitute an unbroken chain of events leading
to the inevitable conclusion of guilt on the part of the
appellant, to wit:
1. In the early morning of October 27, 1994, appellant
went to the house of the victim to convince him to
purchase the cows offered for sale.
2. The victim agreed to see the cows, bringing along
with himP40,000.00. Thus, at around 8:00 in the
morning of the same day, the victim and the
appellant rode on the motorcycle of the victim with
the latter as the driver.
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7
Rollo, pp. 7475.
People vs. Andal, 279 SCRA 475, 486 (1997) citing: People vs. Ramos,
240 SCRA 191 (1995) and People vs. Lorenzo, 240 SCRA 624 (1995).
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People vs. Labuguen
3. At past 8:00 in the morning of October 27, 1994,

prosecution witness Romeo Bariza saw the victim
and appellant riding on a motorcycle.
4. At about 10:00 of the same day, the victim and the
appellant were seen sitting on top of an irrigation
canal at Barangay Ramona, Angadanan, Isabela.
5. Around 10:30 in the morning of October 27, 1994,
appellant was seen alone on the motorcycle of the
victim, speeding away from Barangay Ramona.
6. Between 11:00 to 12:00 noon of October 27, 1994,
appellant rode a minibus leaving the motorcycle of
the victim on the shoulder of the road.
7. The bus conductor noticed that the right side of
appellants jacket and pants were soaked with
blood, and there were two inchesthick of one
hundred peso bills tucked in the breast pocket of
appellants jacket.
8. Between 1:00 to 2:00 in the afternoon of the same
day, the dead body of the victim with gunshot and
stab wounds was found by the residents of
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Barangay Ramona, 150 meters from the irrigation

canal.
9. Around 5:00 oclock in the afternoon also of the
same day, the municipal health officer, the chief of
police, the mayor, and some peace officers of
Angadanan, Isabela, proceeded to the place where
the body of the unidentified victim was found
(Exhibit J, O.R., p. 156 and TSN, p. 4, October 31,
1995, direct exam, of Dr. Agpaoa).
10. Federico Angeles identified the deceased as his
brother Bonifacio Angeles (Exhibit K, O.R., p.
157.).
After a careful study, the Court is of the ineluctable finding
and conclusion that the aforementioned circumstantial
evidence has established the guilt of appellant beyond
reasonable doubt. The time element of the circumstances
thus proven link each chain of circumstances to another
pointing to a reasonable conclusion and no other but the
guilt of appellant. From the early morning of October 27,
1994 to 10:00 oclock in the morning of the same day, the
prosecution has sufficiently shown that the appellant was
the last person seen with the victim before the latter was
killed. About thirty minutes later, appellant was seen
speeding away from Barangay Ramona where he and the
victim were previously spotted by one of the prosecution
witnesses. And, escaping from the consequences of his
felonious act, appellant, boarded a minibus, leaving the
motorcycle of the victim on the side of the road. All the
foregoing circumstances, coupled with the fact that
appellant had
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People vs. Labuguen
two inches thick of one hundred peso bills in his possession

when he rode on the minibus with his jacket and pants
splattered with blood, suffice to prove beyond reasonable
doubt the guilt of appellant of the crime of robo con
homicido perpetrated9 in the morning of October 27, 1994.
In People vs. Asis, the Court affirmed the conviction of
the accused of the crime of homicide on the basis of
circumstantial evidence, holding thus:
x x x We find that all these requisites have been successfully met
by the prosecution. The evidence showed that appellant was one
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of two persons last seen in the company of the victim before he

was killed. On the morning that the victims body was found, the
appellant was observed with his clothes smeared with blood.
Witness dela Cruz saw his left shoulder with bite marks and his
right hand swollen. When asked about the injuries, he admitted
engaging in a fight in Bgy. Pinakpinakan. On the same morning,
some CAFGU soldiers spotted the appellant with coaccused
Mendoza while walking by the road in Bgy. Caingin. They had
bloodstained clothes. The two ran away, when pursued. Their
flight evinces guilt. These circumstances taken together lead10to no
other conclusion but that the appellant is guilty as charged.
Appellants intention to rob the victim can be gleaned

unerringly from the attendant circumstances. Obviously,
robbery was the motive that impelled appellant to convince
the victim to go with him. Under the pretext of selling cows
to him, appellant cajoled the victim to bring a large sum of
money and thereafter, lured him to a route where appellant
could divest him of his money with the least danger of
being caught. As aptly surmised by the trial court, the two
inches thick of one hundred peso bills in appellants pocket
and the blood smeared on his clothes are two vital chains of
circumstances that undoubtedly bespeak of the robbery
with homicide appellant committed.
The lower court erred not in giving full weight and
credence to the testimonies of the prosecution witnesses
particularly identifying appellant as the person last seen in
the company of the victim
_______________
9
286 SCRA 64, 71(1998).
10
Ibid.
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People vs. Labuguen
before the latter was found dead. The testimonies on record

are clear and straightforward. And, finding the witnesses
for the People not illmotivated to testify against the
appellant, 11the Court discerns no basis for doubting their
credibility. Moreover, it is a jurisprudentiallyembedded
rule that on the issue of credibility of witnesses, appellate
courts generally do not disturb the findings of the trial
court, considering its singular opportunity to observe
the
12
deportment and manner of testifying of the witnesses.
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Disowning liability for the commission of the crime

complained of, appellant theorized that he was in
Maconacon, Isabela, from October 17, 1994 up to December
20, 1994. The Court, however, finds no credibility in the
alibi theorized upon by appellant. It bears stressing that
for alibi to prosper, appellant must prove that he was
somewhere else when the crime was committed and it was
physically 13impossible for him to have been at the scene of
the crime. In the present case of appellant, he failed to
establish the requisite physical impossibility of his
presence at the locus criminis at the approximate time of
its commission. Granting arguendo that the appellant
really went to Maconacon, Isabela on October 17, 1994, it
was easy for him to go back by plane or by boat to
Cauayan, Isabela, on or before October 27, 1994.
Furthermore, and more importantly, the defense of alibi
of appellant cannot prevail over
his positive identification
14
by the prosecution witnesses.
Though not alleged in the Information, the generic
aggravating circumstances of fraud and craft were properly
appreciated by the
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11
People vs. Pija, 245 SCRA 80, 8485 (1995) citing: People vs. Rostata,
Jr., 218 SCRA 657 (1993).

12
People vs. Laurente, 255 SCRA 543, 563 (1996) citing People vs.
Enciso, 223 SCRA 675 (1993) and People vs. Lagrosa, Jr., 230 SCRA 298
(1994).
13
People vs. Taneo, 284 SCRA 251, 271 (1998) citing: People vs. Barte,
230 SCRA 401 (1994) and People vs. Anion, 158 SCRA (1988).
14
People vs. Taneo, supra, citing: People vs. Fernandez, 239 SCRA 174
(1994) People vs. Abapo, 239 SCRA 469 (1994) People vs. Repollo, 237
SCRA 476 (1994) People vs. Saballe, 236 SCRA 365 (1994) People vs.
Jimenez, 235 SCRA 322 (1994) and People vs. Apaap, Jr., 235 SCRA 468
(1994).
501
VOL. 337, AUGUST 9, 2000
501
People vs. Labuguen

15
trial court. Craft involves intellectual trickery and

cunning on the part of the offender. When there is a direct
inducement
by insidious words or machinations, fraud is
16
present. By saying that he would accompany the victim to
14/16
11/1/2016
see the cows which the latter intended to buy, appellant

was able to lure the victim to go with him.
Under Article 294 of the Revised Penal Code, the
penalty for Robbery with Homicide is reclusion perpetua to
death. Applying Article 63 of the same Code, the imposable
penalty under the premises is death in view of the presence
of the aggravating circumstances of craft and fraud and the
absence of any mitigating circumstance.
Four members of the Court are steadfast in their
adherence to the separate opinion expressed in People vs.
Echegaray that Republic Act No. 7659 is unconstitutional
insofar as it prescribes the death penalty. However, they
bow to the majority opinion that the aforesaid law is
constitutional and therefore, the penalty prescribed
thereunder has to be imposed.
WHEREFORE, the Decision dated October 7, 1996 of
the Regional Trial Court, Branch 20, Cauayan, Isabela, in
Criminal Case No. 20738, finding appellant VIVENCIO
LABUGUEN @ DENCIO guilty beyond reasonable doubt of
the crime of robbery with homicide, and imposing upon him
the penalty of DEATH, is AFFIRMED.
In accordance with Section 25 of Republic Act No. 7659
amending Article 83 of the Revised Penal Code, upon
finality of this decision, let the records of the case be
forwarded to the Office of the President for the possible
exercise of the pardoning power. Costs against the
appellant.
SO ORDERED.
Davide, Jr. (C.J.), Melo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing, Purisima, Pardo,
Buena, GonzagaReyes, YnaresSantiago and De Leon, Jr.,
JJ., concur.
_______________
15
People vs. Ang, 139 SCRA 115, 121 (1985) citing: People vs.
Martinez y Godinez, 106 Phil. 597 (1959) People vs. Butler, 120 SCRA 281
(1983) and People vs. Raquinio, 17 SCRA 914 (1966).
16
People vs. Manuzon, 211 SCRA 550, 562 (1997).

502
502

People vs. Macaliag
Bellosillo, J., Abroad on official business.

15/16
11/1/2016
Judgment affirmed.
Notes.In the complex crime of robbery with homicide,
the victim of the robbery need not necessarily be the victim
of homicide. (People vs. Balanag, 236 SCRA 474 [1994])
When homicide is committed as a consequence or on the
occasion of the robbery, all those who took part as
principals in the robbery will also be held guilty as
principals of the special complex crime of robbery with
homicide although they did not actually take part in the
homicide. (People vs. Cobre, 239 SCRA 159 [1994])
o0o
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SUPREME COURT REPORTS ANNOTATED

G.R. No. 127849. August 9, 2000.

PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

testimony would, in many cases, result in setting felons free and

Same Same Robbery with Homicide The two inches thick of

SUPREME COURT REPORTS ANNOTATED

possible for him to have been at the scene of the crime.Disowning

stressing that for alibi to prosper, appellant must prove that he

AUTOMATIC REVIEW of a decision of the Regional Trial

For automatic review is the Decision dated October 7,

Penned by Judge Henedino P. Eduarte.

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

ROBBERY WITH HOMICIDE as alleged in the information and

Filed on February 3, 1995, the information indicting

With the appellant, assisted by Atty. Dionisio

Original Records (O.R.) p. 50.

O.R. pp. 69 and 73.

SUPREME COURT REPORTS ANNOTATED

gayan, Romeo (Romy) Bariza, Pantaleon Tagora, Elpidio

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

Bonifacio entered their room and took P40,000.00 from the

SUPREME COURT REPORTS ANNOTATED

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

accident but when he looked at the Honda XL100 motorcycle

At about 5:00 oclock that afternoon of October 27, 1994, Dr.

SUPREME COURT REPORTS ANNOTATED

Autopsy Report, Dr. Agpaoa found the following wounds on the

6. Multiple superficial stab wound over anterior chest wall

Appellant placed reliance on his defense of denial and alibi.

20, 1994. On October 7, 1996, the trial court handed down

Decision, Rollo, pp. 235239.

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

Circumstantial evidence is that which indirectly proves a

In the case under consideration, the testimonies of the

Rollo, pp. 7475.

SUPREME COURT REPORTS ANNOTATED

3. At past 8:00 in the morning of October 27, 1994,

Barangay Ramona, 150 meters from the irrigation

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

two inches thick of one hundred peso bills in his possession

of two persons last seen in the company of the victim before he

Appellants intention to rob the victim can be gleaned

286 SCRA 64, 71(1998).

SUPREME COURT REPORTS ANNOTATED

before the latter was found dead. The testimonies on record

Disowning liability for the commission of the crime

Jr., 218 SCRA 657 (1993).

VOL. 337, AUGUST 9, 2000

People vs. Labuguen

trial court. Craft involves intellectual trickery and