Case Digest (G.R. No. 191128)
Facts:
On July 31, 2001 an Information charged Valcesar Estioca y Macamay and co-accused Marksale Bacus, Kevin Boniao and Emiliano Handoc with robbery committed on July 28, 2001 at about 8:00 a.m. in Ozamiz City, taking items from a classroom in violation of Article 299 of the Revised Penal Code. Trial before the Ozamiz City RTC, Branch 35 resulted in conviction on April 5, 2004, partial modification on August 17, 2004, and a sentence with civil liability; the Court of Appeals affirmed with modification on June 30, 2006, and the Supreme Court denied the petition on June 27, 2008.Issues:
- Whether, under the surrounding circumstances, the robbery could have been perpetrated in broad daylight in the presence of witnesses such that conviction is credible.
- Whether the testimony of Nico Alforque, the lone eyewitness, was credible and sufficient to support conviction.
Ruling:
The Court affirmed the conviction of Valcesar Estioca y Macamay, Marksale Bacus and Emeliano Handoc for robbery Case Digest (G.R. No. 191128)
Facts:
- Parties and charge
- Valcesar Estioca y Macamay, Petitioner, was charged with robbery together with Marksale Bacus, Kevin Boniao and Emiliano Handoc by Information filed on July 31, 2001, before the Regional Trial Court (RTC), Ozamiz City, in Criminal Case No. 3054.
- The Information alleged that on July 28, 2001, at about 8:00 o'clock in the morning in Ozamiz City, the accused, helping one another and with intent to gain, destroyed the padlock of the classroom of Ms. Selina M. Panal and stole one Panasonic colored TV (P6,000), one Sharp karaoke tower (P6,000) and one 3D Rota Aire stand fan (P3,000), aggregate value P15,000.
- Arraignment and pleas
- The accused were arraigned on separate dates with the assistance of counsel de oficio and pleaded "Not guilty."
- Prosecution eyewitness testimony
- Prosecution witness Nico Alforque, then eleven years old and a Grade VI student, testified he and his cousin were cleaning a classroom on July 28, 2001, and that while collecting fish food near an OCCS canal he saw petitioner and Bacus climb the OCCS gate, break the padlock of Mrs. Panal's classroom with an iron bar, remove the TV, karaoke and fan, pass them at the gate to Boniao and Handoc, load them into a tricycle, and depart.
- Nico positively identified petitioner, Bacus, Boniao and Handoc in court and described the sequence of events and distance/location of his observation.
- Prosecution corroboration and exhibits
- Mrs. Celina M. Panal testified she discovered the classroom forcibly opened and the items missing on July 29, 2001, reported the incident to police and was informed that Nico witnessed the theft.
- The prosecution offered as exhibits: (a) a T-shaped slightly curved iron bar, 10 mm by 12 inches, marked as Exhibit A; and (b) a yellow Yeti padlock, marked as Exhibit B.
- Defense evidence, alibis and allegations of ill-treatment
- Petitioner Estioca testified to an alibi: he cleaned his house from about 8:00 to 10:00 a.m., later went to assist a neighbor, and was thereafter brought to the City Hall police station by unidentified persons; he alleged he was beaten, whipped and tortured during police interrogation, including alleged burning by an emergency hospital worker; he claimed subsequent detention.
- Marksale Bacus testified he slept at the guardhouse of Ozamiz City National High School on the night of July 27, 2001, performed chores the next morning, was accosted by persons including Michael Panal, beaten and taken to the City Hall for investigation.
- Rolly Agapay testified he slept with Bacus at the guardhouse and that Bacus woke about 8:30 a.m. on July 28, 2001.
- Kevin Boniao, age fourteen at the time, testified to being at home performing chores and later being apprehended and detained; he described being taken to identify persons and jailed.
- Emiliano Handoc testified he worked quarrying gravel the whole morning of July 28, 2001, returned about 4:00 p.m., was arrested by Tomas Medina, questioned at the City Hall, beaten by police and detained.
- Trial court decision and original sentence
- The RTC rendered its Decision dated April 5, 2004, finding petitioner, Bacus, Boniao and Handoc guilty of robbery under Article 299, subdivision (a), number (2) of the Revised Penal Code, and ordered indemnity of P15,000.
- The RTC initially imposed on petitioner, Bacus and Handoc an indeterminate penalty ranging from six years and one day of prision mayor as minimum to fourteen years, eight months and one day of reclusion temporal as maximum; Boniao, being a minor, was sentenced to six months arresto mayor to four years two months prision correccional but his sentence was suspended and he was committed to the Department of Social Welfare and Development (DSWD) pursuant to Presidential Decree No. 603.
- Motion for reconsideration and RTC modification
- The accused filed a Motion for Reconsideration contesting conspiracy and the penalty. The RTC issued an Order dated August 17, 2004, partially...(Subscriber-Only)
Issues:
- Credibility and sufficiency of eyewitness testimony
- Whether the testimony of eyewitness Nico Alforque is credible and legally sufficient to support the conviction of petitioner for robbery.
- Possibility of commission of crime in broad daylight
- Whether it is against human experience or inherently improbable that the robbery was committed in broad daylight and in the presence of a witness.
- Penal liability and application of juvenile law
- Whether the penalties imposed on petitioner and co-accused were proper under Article 299, Article 64, paragraph 1, the Indeterminate Sentence Law, and Art...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)