G.R. No. 144735 - Yu Bun Guan vs. Ong

On February 17, 1994, at around 7:30 p.m., a group of accused, including Rustico Abay, Jr. and Reynaldo Darilag, allegedly committed highway robbery on the South Luzon Expressway in Biñan, Laguna.
The group, armed with handguns and bladed weapons, boarded a Kapalaran Bus Line bound for Sta. Cruz, Laguna, and a backup jeepney. They took valuables from passengers by surprise and reportedly shot a passenger, Rogelio Ronillo y Lumboy, who survived due to timely medical help.
An Information was filed on January 13, 1995, charging ten individuals including petitioners Abay, Jr. and Darilag with highway robbery/brigandage, with aggravating circumstances of nighttime, use of a band, motor vehicle, and abuse of public position by prison guards aiding inmates.

When arraigned, all accused pleaded not guilty except Ramoncito Aban, who later withdrew his plea and pleaded guilty to simple robbery.
Prosecution’s witnesses:

Thelma Andrade, a bus conductress, testified that Aban took her collected fares at gunpoint and identified Abay, Jr. and Ricalde as participants.
Gloria Tolentino, a passenger, testified about being held up, losing money and jewelry, and identified Abay, Jr. and others as participants.
Ramoncito Aban testified that prison guards Camacho and Espeleta took them on a jeepney to stage hold-ups, including the incident on February 22, 1994, which replicated the modus operandi of earlier hold-ups on February 11, 13, and 17, 1994. He named participants involved.

Petitioners Abay, Jr. and Darilag and co-accused denied participating and presented alibis asserting their confinement in New Bilibid Prison at the time of the incident.
Civilian accused Perello and Pascual testified they were at home during the incident.
Genaro Alberto, prison guard, testified no inmates were missing during headcounts on the date of the incident.

RTC of San Pedro, Laguna, found petitioners Abay, Jr. and Darilag, among others, guilty of highway robbery with aggravating circumstance of being in a band and sentenced them to imprisonment and indemnification to victims.
The Court of Appeals acquitted some accused due to insufficiency of evidence but affirmed the conviction of petitioners Abay, Jr. and Darilag, Ricalde, and Reyes.

Petitioners argue that the evidence, especially testimonies of Aban, Andrade, and Tolentino, are not credible and insufficient to prove guilt beyond reasonable doubt.
They claim Aban’s extrajudicial confession was coerced and his testimony pertains to a different date (February 22, 1994) not the date charged (February 17, 1994).
They further argue that the defense of alibi was wrongly disregarded and that no physical evidence was presented linking them to the crime.
They point out a previous acquittal in a related case and contest the credibility of complainants’ identifications.

Whether petitioners Rustico Abay, Jr. and Reynaldo Darilag can be lawfully convicted on the basis of the testimonies of Ramoncito Aban, Thelma Andrade, and Gloria Tolentino.
Whether the trial court and Court of Appeals erred in rejecting petitioners’ defense of alibi and weighing the credibility of witnesses.
Whether the absence of physical evidence and alleged discrepancies in testimony affect the sufficiency of the prosecution’s case.