Case Digest (G.R. No. 179943)
Facts:
In People of the Philippines vs. Marlon Albert De Leon y Homo (G.R. No. 179943, June 26, 2009), the prosecution charged appellant with four counts of robbery with homicide arising from an early‐morning hold‐up on January 7, 2000 at Energex Gasoline Station in Barangay Guinayan, San Mateo, Rizal. A mint-green Tamaraw FX bearing six armed men arrived for service, whereupon the occupants announced a robbery, forced gasoline attendants Eduardo Zulueta and Fortunato Lacambra III to lie down, and ordered cashier Julieta Amistoso to surrender cash and valuables. Security guard Edralin Macahis was shot in the stomach and later died. Witnesses Zulueta and Lacambra positively identified appellant as one of the robbers who poked a gun and struck Zulueta. Appellant testified he was an unwitting passenger, asleep during the robbery and arrested after the getaway vehicle crashed. The Regional Trial Court (RTC), Branch 76, San Mateo, Rizal, found appellant guilty of all charges and imposed fouCase Digest (G.R. No. 179943)
Facts:
- The Robbery with Homicide
- On January 7, 2000, at about 2:00 AM, a mint-green Tamaraw FX with six to seven occupants arrived at Energex Gasoline Station in San Mateo, Rizal. Gasoline boys Eduardo Zulueta and Fortunato Lacambra III, cashier Julieta Amistoso, and guard Edralin Macahis were on duty.
- Zulueta filled P50.00 of diesel, returned the key, and offered to push the vehicle when it stalled. As he and Lacambra began to push, six armed men (excluding the driver) alighted, announced a hold-up with a shotgun and .38 pistol, and ordered Lacambra to lie down and Zulueta to go to the carwash.
- Commission of the Crime
- Appellant Marlon Albert De Leon y Homo guarded Zulueta at the carwash, poked a gun at him, struck him on the nape, and took his wallet (pawnshop ticket and P50.00). Four other robbers looted P3,000.00 from the cashier’s office, shot Macahis in the stomach, and took his service shotgun; Macahis later died of the wound.
- The robbers fled in the same vehicle. Zulueta identified appellant as one of the armed men the next day.
- Proceedings and Defense
- Four separate informations for robbery with homicide were filed. Appellant pleaded not guilty. Prosecution presented five witnesses; defense presented two (including appellant).
- On December 20, 2001, the RTC convicted appellant on all counts, sentenced him to death with aggravation for using an unlicensed firearm, and awarded various compensatory, moral, and death indemnities.
- On June 29, 2007, the CA modified the RTC decision, finding appellant guilty of only one count of robbery with homicide and commuting the penalty to reclusion perpetua under RA 9346.
- This appeal followed, with issues raised on conspiracy, penalty multiplicity, aggravating circumstances, and damages.
Issues:
- Whether the prosecution proved beyond reasonable doubt that appellant was a co-conspirator and principal in the robbery with homicide.
- Whether multiple penalties (four death sentences) could be imposed for acts born from a single criminal resolution or only a single penalty.
- Whether the aggravating circumstance of using an unlicensed firearm was properly alleged and proven.
- Whether the award of damages (compensatory, moral, death indemnity) conformed to evidentiary proof and applicable doctrine.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)