Case Digest (G.R. No. 140405)
Facts:
People of the Philippines v. Major Emilio Comiling, G.R. No. 140405, March 04, 2004, the Supreme Court En Banc, Corona, J., writing for the Court. The case is an automatic review of the Regional Trial Court (RTC), Branch 51, Tayug, Pangasinan decision of September 1, 1999, convicting appellants of robbery with homicide and sentencing them to death.The information charged Major Emilio Comiling, Gil Salagubang (acquitted), Mario Clotario (acquitted), Geraldo Galingan, Eddie Calderon (at large), Balot Cabotaje (at large) and Ricky Mendoza (at large) with robbery with homicide and physical injuries for the September 2, 1995 hold-up of Masterline Grocery in Tayug, Pangasinan, during which P81,000 in cash and P26,000 in jewelry were taken and PO3 Erwil V. Pastor was mortally wounded and later died. Comiling and Galingan prosecuted appeals to the Court; Mendoza escaped from detention (tried in absentia) and remained at large.
At trial the prosecution’s key witness, Naty Panimbaan, testified she attended four planning meetings (June–August 1995) where Comiling and Galingan presided, assigned roles, and supplied firearms; she identified the participants, the vehicles used, and actions after the robbery (including regrouping and distribution/handling of the loot). Other prosecution witnesses included Sonny Rimas (who identified Galingan as driver and Mendoza as one who entered the store) and policemen who recorded PO3 Pastor’s ante-mortem statement identifying “Bong Galingan” as his assailant.
The RTC (Judge Ulysses Raciles Butuyan) credited the prosecution witnesses, found Comiling, Galingan and Mendoza guilty beyond reasonable doubt of robbery with homicide under Article 294(1) of the Revised Pena...(Subscriber-Only)
Issues:
- Is the in-court testimony and admissions of prosecution witness Naty Panimbaan admissible against co-accused Comiling and Galingan under the res inter alios acta rule (Rule 130, Sec. 30)?
- Was PO3 Erwil Pastor’s ante-mortem utterance identifying his shooter admissible as a dying declaration under Rule 130, Sec. 37?
- Did the evidence establish guilt beyond reasonable doubt of robbery with homicide as to appellants Comiling, Galingan and Mendoza?
- Could the death penalty be imposed where aggravating circumstances ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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