THE PEOPLE OF THE PHILIPPINES, vs. LAWRENCE PONCIANO y SABOLAN.
- G.R. Number: G.R. No. 86453
- Promulgated: 1991-12-05
- Ponente: Gutierrez, Jr., J.
Doctrine
The requisite criminal design to establish robbery must be shown by the accused's acts prior to, contemporaneous with, and subsequent to the crime; mere presence or friendship does not prove intent to rob.
When robbery is not proven but killings occurred, the proper conviction may be for homicide with applicable aggravating circumstances and the Indeterminate Sentence Law may be applied for sentencing.
Facts
The Regional Trial Court convicted accused Lawrence Ponciano of three counts and sentenced him to reclusion perpetua, ordered payment of funeral expenses and indemnities, and return of recovered stolen items (trial court dispositive).
Witness testimony: accused and victims were drinking together; accused admitted being drunk and under the influence of drugs; he was a friend of one victim (circumstances surrounding the incident).
The Court found the requisite criminal design to commit robbery was not proven; the killings began during what started as a drinking spree among friends (court's factual/intent finding).
Issues
Whether the requisite criminal design to constitute robbery was proven beyond reasonable doubt.
Whether the RTC conviction for multiple counts of robbery should be modified to other offenses with corresponding penalties and indemnities.
Ruling
The Court held that the requisite criminal design for robbery was not duly proven; the appellant's acts did not show intent to rob (robbery not established).
The decision is modified: appellant convicted of three separate counts of homicide (each aggravated as stated) and one count of theft; indeterminate sentences and specific indemnities and return of recovered items were imposed as detailed.
Keywords
G.R. No. 86453, THE PEOPLE OF THE PHILIPPINES, LAWRENCE PONCIANO y SABOLAN, GUITERREZ, JR. J.:, Regional Trial Court, Branch 171, Valenzuela, Metro Manila, guilt beyond reasonable doubt, RECLUSION PERPETUA on Three (3) counts, legal heirs, indemnify, People v. dela Fuente, G.R. No. 63251-52, Dec. 29, 1983, information, wilfully, unlawfully and feloniously, intent of gain, force and violence, armed with a bladed instrument, stab and assault, physical injuries which directly resulted in their death, prosecution evidence, accused, husband