G.R. No. 140756: April 04 2003: 448 Phil. 749
Offense Involved: Robbery With Homicide
FACTS: On September 28, 1996 at past midnight, At Camachile, Balintawak, six passengers boarded the bus, including Victor Acuyan and Juan Gonzales Escote, Jr. who were wearing maong pants, rubber shoes, hats and jackets. Another passenger, SPO1 Jose C. Manio, Jr., a resident of Angeles City, was seated at the rear portion of the bus on his way home to Angeles City. Tucked on his waist was his service gun. When the bus was travelling along the highway in Plaridel, Bulacan, Juan and Victor suddenly stood up, whipped out their handguns and announced a holdup.. Juan and Victor then accosted the passengers and divested them of their money and valuables. Juan divested Romulo of the fares he had collected from the passengers. The felons then went to the place Manio, Jr. took the identification card of the police officer as well as his service gun and told him: “Pasensya ka na Pare, papatayin ka namin, baril mo rin and papatay sa iyo.” and shot him on the mouth, right ear, chest and right side of his body. Manio, Jr. sustained six entrance wounds. Victor and Juan then moved towards the driver Rodolfo, seated themselves beside him and ordered the latter to maintain the speed of the bus. Victor and Juan ordered Rodolfo to stop the bus along the overpass in Mexico, Pampanga where they alighted from the bus. When the bus reached Dau, Mabalacat, Pampanga, Rodolfo and Romulo forthwith reported the incident to the police authorities. Barely a month thereafter, Juan was captured in a checkpoint. While Victor was captured by virtue of a warrant of arrest. Victor denied the charge and interposed the defense of alibi. After trial, the Regional Trial Court of Bulacan found Juan and Victor guilty beyond reasonable doubt of Robbery with Homicide as penalized under Art. 294 of the Revised Penal Code. The decision was affirmed by the Court of Appeals.
- Whether or not trial court erred in finding the accused-appelants guilty beyond reasonable doubt of the crime of robbery with homicide?
- No. The trial court did not err in finding the accused-appellants guilty beyond reasonable doubt of the crime of robbery with homicide. The prosecution was able to prove the existence of the following essential elements: (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in a generic sense, was committed. the prosecution proved beyond reasonable doubt that Juan and Victor conspired and confabulated together in robbing the passengers of the Five Star Bus of their money and valuables and Romulo of his collections of the fares of the passengers and in killing SPO1 Manio, Jr. with impunity on the occasion of the robbery. Hence, both Juan and Victor are guilty as principals by direct participation of the felony of robbery with homicide under paragraph 1, Article 294 of the Revised Penal Code.