Case Digest (G.R. No. 246580)
Facts:
People of the Philippines v. Ronilee Casabuena y Francisco and Kevin Formaran y Gilera, G.R. No. 246580, June 23, 2020, the Supreme Court First Division, Lazaro-Javier, J., writing for the Court. The information charged accused-appellants Ronilee Casabuena y Francisco and Kevin Formaran y Gilera with the special complex crime of robbery with homicide under Article 294, paragraph 1 of the Revised Penal Code for an incident on October 11, 2012 in Marikina involving several passengers of a jeepney and a co-accused, Jimmy Arizala.The information alleged that the accused, conspiring with Arizala and armed with a gun and bladed weapons, robbed passengers of various personal items while inside the jeepney; during or on the occasion of the robbery, Arizala struggled with responding police PO2 Ramilo De Pedro and was shot dead. On arraignment the two appellants pleaded not guilty.
Prosecution witnesses, principally passenger Ciara Kristle V. Abella and PO2 De Pedro, testified that three hold-uppers boarded the jeepney, declared a hold-up, and took passengers’ belongings; after they alighted, police arrived, accosted the three, and a struggle ensued during which Arizala pulled a pistol; PO2 De Pedro wrestled for the pistol, fired, and Arizala died. Some of the stolen items were later recovered and a Sinumpaang Salaysay sa Pag-aresto was executed.
The defense maintained that appellants were passengers who were stopped and frisked by police, brought to the station, and only later identified by witnesses; they denied participating in the robbery. The Regional Trial Court (RTC) convicted both appellants of robbery with homicide and sentenced them to reclusion perpetua in a decision dated June 27, 2017, finding eyewitness testimony (notably Abella’s) credible and conspiracy established; the RTC reasoned that the killing of Arizala during the incident rendered the felony robbery with homicide.
The Court of Appeals, in CA‑G.R. CR‑HC No. 09582, affirmed the RTC by Decision dated July 25, 2018. Appellants then filed a petit...(Subscriber-Only)
Issues:
- Did appellants commit the complex crime of robbery with homicide under Article 294, paragraph 1 of the Revised Penal Cod...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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