G.R. No. L-42964 - People vs. Escabarte

On or about May 31, 1973, in barrio Kausuagan, Municipality of Plaridel, Misamis Occidental, an incident occurred involving a violent break-in at the residence of Anselmo Rollorata.
The accused—Francisco Escabarte (alias Boy Escabarte), Gregorio Sygaco (alias Korak), Lauro Tome, and initially Silas Paredes (later dismissed due to insufficient evidence)—were charged with the complex crime of robbery with homicide under Article 294, paragraph 1, of the Revised Penal Code.
The crime entailed entering the victim’s house by breaking a window and, under aggravating circumstances, shooting Anselmo Rollorata from behind, thereby causing his death.

The accused, acting in concert and taking advantage of the cover of night, broke the window pane of the victim’s home to gain illegal entry.
Once inside, they forcibly removed Anselmo Rollorata from his resting place and brought him to the kitchen where he was made to kneel and was ultimately shot at the back.
In addition to killing Rollorata, the accused committed robbery by seizing various personal effects belonging to the victim and his family, including cash, a firearm, a wristwatch, and a flashlight.
Aggravating circumstances identified in the information included premeditation, superior strength, use of firearms, execution by a band, unlawfully entering through a window, and the element of treachery.

The prosecution presented eyewitnesses, notably Juana Rollorata (the victim’s wife) and her young son Ricardo Rollorata, who provided detailed accounts of the intruders’ identities and the sequence of events.
Testimonies included descriptions of:

The forcible entry and identification of the accused by Juana and Ricardo.
Notable inconsistencies such as discrepancies in the number of assailants identified and details regarding armed status.
Observations concerning the victim’s handling of a firearm and subsequent actions of the accused.

Physical evidence supported the eyewitness accounts, including an autopsy report by Dr. Jose S. Conde and exhibited diagrams indicating the entry and shooting location.
An extrajudicial confession by accused Lauro Tome was admitted into evidence despite challenges regarding the circumstances under which it was obtained.
The defense submitted an alibi for the accused, including:

Claims that Francisco Escabarte was in Sapang Dalaga, corroborated by witnesses from the local constabulary and the mayor.
Testimonies supporting the whereabouts of Sygaco and Tome at the time of the crime.
However, the alibi defense was countered by the proximity of the locations and the positive eyewitness identification.

During trial, the charge against Silas Paredes was dismissed for insufficiency of evidence.
The remaining accused were convicted beyond reasonable doubt of the complex crime of robbery with homicide.
The trial court imposed the penalty of reclusion perpetua, mandated indemnity to the heirs (initially P12,000.00, later increased to P30,000.00), and awarded costs against the appellants.
On appeal, the accused raised several assigned errors including:

Whether the trial court erred in giving full credit to the testimonies of prosecution witnesses Juana Rollorata and her son Ricardo, despite alleged inconsistencies such as:

Discrepancies in the number of assailants identified.
Contradictory descriptions regarding the presence of weapons and positioning during the entry.

Whether the defense’s contention that the identification was tainted by the witnesses’ potential inaccuracies should have affected the verdict.

Whether the admission of Lauro Tome’s extrajudicial confession, taken without the assistance of counsel and allegedly under duress, constituted a reversible error.

Whether the defense of alibi, asserting that the accused were physically elsewhere at the time of the crime, should have been given credence over the positive identification made by the eyewitnesses.
The issue also involved whether the distance and travel time between the place of the crime and the claimed location of the accused sufficiently establish an irrefutable alibi.

Whether the cumulative evidence, including eyewitness testimonies, physical evidence, and the extrajudicial confession, indeed establishes the guilt of the accused beyond a reasonable doubt.