G.R. No. 212932 - People vs. Balute y Villanueva

On March 22, 2002, at around 8:00 in the evening, SPO1 Raymundo B. Manaois was inside his owner-type jeepney traveling along Road 10, Tondo, Manila, with his wife Cristita and daughter Blesilda.
The jeepney was stopped due to heavy traffic in a lighted area when two men appeared on both sides of the vehicle.
Arnel Balute Villanueva (Balute) poked a gun at Manaois and verbally threatened him.
Balute forcibly grabbed Manaois’ Nokia 3210 phone (valued at P6,000.00) from his chest pocket and shot him in the left torso.
Manaois attempted to draw his firearm and exit the jeepney but fell to the ground and was taken to Mary Johnston Hospital, where he later died despite medical intervention.

On November 22, 2002, an Information was filed before the Regional Trial Court (RTC) charging Balute with Robbery with Homicide under Article 294(1) of the Revised Penal Code (RPC), as amended.
The charge alleged that Balute conspired with another unknown individual to forcibly take Manaois’ mobile phone using a gun, shot him resulting in his death, thus committing robbery with homicide.

Balute denied knowledge of the incident, claiming he was at the shop of Leticia Nicol from 8:00 a.m. until 10:00 p.m. on the date of the incident, working as a pedicab welder.
Nicol corroborated Balute’s alibi and suggested that Leo Blaster and a person named Intoy were responsible for the crime.

The RTC, in its June 11, 2012 decision, found Balute guilty beyond reasonable doubt of Robbery with Homicide with the aggravating circumstance of treachery.
Balute was sentenced to reclusion perpetua without eligibility for parole and ordered to pay civil indemnity (P50,000.00), compensatory damages (P6,000.00 for the phone), and moral damages (P50,000.00) with 6% interest from the filing of the Information.
The Court of Appeals (CA), in its February 3, 2014 decision, affirmed the conviction with modifications:

Treachery was no longer considered aggravating due to lack of allegation in the Information.
Civil indemnity increased to P75,000.00 pursuant to jurisprudence.
Compensatory damages for the phone were deleted due to lack of proof of value and replaced with actual damages of P140,413.53 covering hospital and funeral expenses.
All damages bear 6% interest from the appellate decision date until fully paid.

Balute filed an ordinary appeal to the Supreme Court assailing the CA’s affirmance of his conviction.

Whether or not the Court of Appeals correctly upheld the conviction of Arnel Balute Villanueva for Robbery with Homicide under Article 294(1) of the Revised Penal Code.