Case Digest (G.R. No. 142531)
Facts:
People of the Philippines v. Danilo Asis y Fonperada and Gilbert Formento y Saricon, G.R. No. 142531, October 15, 2002, Supreme Court En Banc, Panganiban, J., writing for the Court.On February 18, 1998 an Information charged Danilo Asis and Gilbert Formento with robbery with homicide (Article 294, No. 1, Revised Penal Code) for the killing and alleged robbery of Yu Hing Guan a.k.a. Roy Ching on or about February 10, 1998 in Manila. When arraigned on July 9, 1998, both appellants—who were found to be deaf-mutes—pleaded not guilty; they were defended by counsel de oficio and assisted by a church interpreter at trial.
At the Regional Trial Court (RTC) of Manila, Branch 54 (Criminal Case No. 98-163090), the prosecution presented nine witnesses who supplied only circumstantial evidence: the victim was found stabbed in his store; the victim’s sister and employees testified that both appellants were seen with the victim the night before; the victim’s nephew discovered the corpse; a bloodstained pair of short trousers allegedly belonging to the victim was recovered from Formento’s bag when his wife/mother surrendered the bag to police; and bloodstains were observed on an item of clothing worn by Asis when he was brought to the station. A pathologist testified the stains were human blood but the blood grouping could not be determined. No eyewitness saw the killing or the robbery and none of the alleged stolen cash or jewelry were recovered as exhibits at trial.
The RTC, relying on the circumstantial evidence, found both appellants guilty beyond reasonable doubt of robbery with homicide aggravated by abuse of confidence, superior strength and treachery, and sentenced each to death and ordered civil damages (Decision dated March 8, 2000). The case was automatically before the Supreme Court for review. The parties filed briefs (appellants’ brief rece...(Pro-only)
Issues:
- Was the circumstantial evidence adduced by the prosecution sufficient to convict appellants of robbery with homicide beyond reasonable doubt?
- Did the trial court properly find that evident premeditation, treachery and conspiracy attended the killing?
- Did the trial court err in not considering the physical infirmities of the two accused, who are deaf-mutes, in evalua...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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