Title
Supreme Court
People vs. Del Rosario y Pascual
Case
G.R. No. 127755
Decision Date
Apr 14, 1999
Joselito del Rosario, coerced at gunpoint, drove co-accused during a robbery-homicide. Supreme Court acquitted him, ruling he acted under duress, lacked conspiracy, and had rights violated during arrest.

Case Digest (G.R. No. 127755)
Expanded Legal Reasoning Model

Facts:

  • Parties and Charge
    • Accused-appellant Joselito del Rosario y Pascual, together with Ernesto “Jun” Marquez, Virgilio “Boy” Santos, and John Doe “Dodong” Bisaya, was charged with the special complex crime of Robbery with Homicide for allegedly robbing 66-year-old Virginia Bernas of ₱200,000 in cash and jewelry and killing her.
    • Only del Rosario was tried: Marquez was killed in a police encounter; Santos and “Dodong” remain at large.
  • Commission of the Crime
    • On May 13, 1996, between 6:00 and 6:30 p.m., tricycle driver Paul Alonzo witnessed at General Luna St., Cabanatuan City: two men and a woman grappling for a bag, one man armed with a gun chasing the victim’s helper, then returning to shoot the victim in the head.
    • The gunman and his companion delivered the bag to a passenger inside del Rosario’s tricycle and fled; Alonzo noted the plate number and reported the incident to police.
  • Accused’s Account
    • Del Rosario admitted he was hired by Santos to drive and fetch Marquez and Bisaya, but claimed he had no prior knowledge of any robbery plan.
    • At the scene, he tried to escape but was prevented by Santos, who threatened him with a gun; thereafter he was forced to drive the co-accused away and warned not to report the crime.
  • Lower Court Proceedings
    • The Regional Trial Court convicted del Rosario as co-principal in Robbery with Homicide, imposed the death penalty, and awarded damages to the victim’s heirs.
    • On automatic review, del Rosario challenged the conviction on grounds of duress, lack of conspiracy, violation of constitutional rights during custodial investigation, and unlawful warrantless arrest.

Issues:

  • Duress Defense
    • Whether del Rosario acted under compulsion of an irresistible force that exempts him from criminal liability under Article 12(5), Revised Penal Code.
  • Conspiracy Requirement
    • Whether the prosecution proved beyond reasonable doubt an agreement (conspiracy) between del Rosario and his co-accused to commit robbery with homicide.
  • Constitutional Rights
    • Whether del Rosario’s rights to remain silent and to counsel during custodial investigation under RA 7438 and the Bill of Rights were violated, rendering his admissions inadmissible.
  • Warrantless Arrest
    • Whether del Rosario’s warrantless arrest complied with Section 5, Rule 113, of the Rules of Court, and if not, whether such illegality affects the trial court’s jurisdiction.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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