PEOPLE OF THE PHILIPPINES, vs. ROLANDO DE LA CRUZ y GOMEZ @ BLUT.
- G.R. Number: G.R. No. 102063
- Promulgated: 1993-01-20
- Ponente: Davide, Jr., J.
Doctrine
Findings on the credibility of witnesses by the trial court are entitled to the highest degree of respect and will not be disturbed on appeal absent clear showing the trial court overlooked or misapplied material facts or circumstances.
The penalty of reclusion perpetua is distinct from life imprisonment; life imprisonment is not the penalty provided by law for robbery with homicide and should not be imposed.
Every person criminally liable for a felony is also civilly liable; trial courts should make dispositions as to civil liability for victims of the felony.
Facts
The accused Rolando Dela Cruz was prosecuted for robbery with homicide; the trial court summarized the prosecution's evidence and convicted him (trial court findings summarized by the trial court and reviewed by this Court).
This Court reviewed the trial record and found the trial court's summation of the evidence amply supported by the stenographic transcripts of witness testimonies.
The trial court originally imposed the penalty of life imprisonment and ordered indemnity of P30,000 to the heirs of the deceased Venancio Estacio y Panelo.
The lower court did not make an explicit disposition on civil liability to a victim, Abel Requejo, who lost a watch and money.
Issues
Whether the conviction of Rolando Dela Cruz for robbery with homicide is supported by the evidence and should be affirmed.
Whether the penalty imposed (life imprisonment) by the trial court is proper for the crime of robbery with homicide.
Whether the trial court should have disposed of the accused's civil liability to the victim Abel Requejo for the stolen watch and money.
Ruling
The Court AFFIRMED the conviction for robbery with homicide, finding the trial court's summation of evidence amply supported by the transcripts and the credibility findings entitled to respect.
The penalty of life imprisonment imposed by the trial court was modified to reclusion perpetua because life imprisonment is not the penalty prescribed for robbery with homicide and lacks accessory penalties and definite duration.
The Court ordered modifications: increase indemnity to P50,000; direct return of the Seiko watch to Abel Requejo or indemnify P800 and pay P200 reimbursement; costs against the appellant.
Keywords
G.R. No. 102063, Robbery with Homicide, conspiracy, treachery, intent of gain, force, violence and intimidation, bladed weapons and firearm, stab wounds, Crim. Case No. 88-67914, plea of not guilty, evidence for the prosecution, reasonable doubt, LIFE IMPRISONMENT, indemnify the heirs, autopsy report, fatal and mortal wounds, certifcate of identification of victim, alibi, Pat. Intia, jeepney