PEOPLE OF THE PHILIPPINES, vs. LEOPOLDO PACAPAC, NESTOR TRANGUIA, JOHN DOE and PETER DOE, accused. LEOPOLDO PACAPAC and NESTOR TRANGUIAs.
- G.R. Number: G.R. No. 90623
- Promulgated: 1995-09-07
- Ponente: Romero, J.
Doctrine
In robbery with homicide the homicide may precede or follow the robbery; what is essential is a direct, intimate relation between the robbery and the killing.
When homicide is committed as a consequence of or on the occasion of robbery, all who took part as principals in the robbery are likewise liable as principals for robbery with homicide unless they clearly endeavored to prevent the homicide.
Under Article 296 RPC, robbery is deemed committed by a band when more than three armed malefactors take part; the prosecution must indubitably show this to sustain robbery in band.
Facts
Appellants Leopoldo Pacapac and Nestor Tranguia, with two unidentified persons (John Doe and Peter Doe), were charged in an Amended Information with robbery in band with homicide before the RTC of Cebu Mandaue City, Branch 28 (criminal case DU-252).
At around 5:00 p.m. the principal witness cooked with some security guards; later that night he left in a yellow Galant with Nestor Tranguia and others to go to a funeral parlor where the victim's body lay in state.
The trial court found the accused guilty of the special complex crime of Robbery in Band with Homicide and sentenced each to reclusion perpetua and P30,000 indemnity to the victim's heirs.
Two accused (John Doe and Peter Doe) were not yet arrested and the case was ordered archived pending their arrest; detention prisoners were to be credited for preventive imprisonment.
Issues
Whether the trial court's conviction of appellants for the special complex crime of robbery in band with homicide is supported by proof beyond reasonable doubt.
Whether the elements of robbery in band (presence of at least four armed malefactors) and aggravating circumstances were satisfactorily proven.
Ruling
The Court affirmed the appealed decision convicting the accused of robbery in band with homicide but modified the civil awards: increased civil indemnity to P50,000 and awarded P9,000 for the value of the ring and money stolen; judgment otherwise AFFIRMED.