PEOPLE OF THE PHILIPPINES, vs. ELISEO CALEGAN Y MATAVERDE, FLORENTINO FRASDILLA ALIAS "TINONG" AND WILFREDO MAGAT Y SILLIACOS, accused.
- G.R. Number: G.R. No. 93846
- Promulgated: 1994-06-30
- Ponente: Bellosillo, J.
Doctrine
Discrepancies between an affiant's prior statement and his in-court testimony do not automatically discredit him; only omissions of very important details or substantial contradictions impair credibility.
Minor inconsistencies in peripheral matters (e.g., exact location or which officer was notified) are immaterial and do not necessarily affect a witness's overall credibility when the core account is consistent.
When conspiracy is established, the act of one conspirator is imputed to all, making all principals liable for homicide committed on the occasion of a robbery even if they did not personally commit the killing.
Facts
Eliseo Calegan and two others were charged before the RTC of Kalookan City with robbery with homicide for an incident on or about 4 June 1988 involving the taking of a .38 cal. revolver valued at P6,000.00 from Allan Ibardolaza. (information alleged conspiracy and that a shot was fired on the occasion of the robbery).
Of the three accused, only Eliseo Calegan was tried. The trial included testimony from eyewitness Legislador who heard the gunshot and observed events from a bus running board.
The trial court found conspiracy and linked the robbery to the homicide; the lower court imposed reclusion perpetua and awarded P30,000.00 indemnity to the victim's heirs.
Issues
Whether accused-appellant Eliseo Calegan is guilty beyond reasonable doubt of the special complex crime of robbery with homicide.
Whether discrepancies between a witness's affidavit and his trial testimony materially affect his credibility and the prosecution's case.
Whether the existence of conspiracy makes the act of one co-conspirator imputable to all, thus establishing guilt for homicide although an accused did not personally fire the fatal shot.
Ruling
The Court finds Eliseo Calegan guilty beyond reasonable doubt of the special complex crime of robbery with homicide and AFFIRMS the RTC conviction and sentence of reclusion perpetua; directs return or reimbursement for the revolver and increases indemnity to P50,000.00 to the heirs.
Discrepancies between an affidavit and trial testimony do not necessarily discredit a witness; omissions or contradictions that concern trivial matters do not defeat credibility if satisfactorily explained.
Where conspiracy is shown, the act of one is the act of all; thus, although it was not shown who fired the fatal shot, all principals in the robbery are held equally guilty of robbery with homicide.
Keywords
G.R. No. 93846, robbery with homicide, reclusion perpetua, Article 29 of The Revised Penal Code, conspiracy, intent of gain, force and intimidation, Crim. Case No. CC-31000, aggravating or mitigating circumstance, indemnify the heirs, preventive imprisonment, sworn statement, autopsy, gunshot wound, intra-cranial hemorrhage, intra-spinal cord injury, Forensic Chemist, restaurant, victim, clock