G.R. No. 93980 - Calde vs. Court of Appeals

An information for robbery with homicide was filed on October 1, 1971, against Danilo Tobias and an unnamed “John Doe.”
On December 7, 1971, the information was amended to identify the “John Doe” as Hernando Dio, the appellant in this case.
The amended information charged that on or about July 24, 1971, in Pasay City, the accused, Danilo Tobias (alias Danny Kulot) and Hernando Dio (alias Way Kaon), by conspiring together, committed a robbery with homicide through the use of a balisong.

On July 24, 1971, Crispulo Alega, a civil engineer, went to Southeastern College, Pasay City, to fetch his girlfriend, Remedios Maniti.
After collecting his girlfriend, they proceeded to the Pasay City Public Market and ascended the stairs leading to Teresa and Sons Restaurant.
As they ascended, the victim’s belongings fell; when Remedios looked back, she observed a man (later identified as Danilo Tobias) twisting Crispulo’s neck while Hernando Dio held the victim’s two hands.
The assailants attempted to remove the victim’s Seiko wrist watch, but Crispulo Alega resisted, which culminated in one of the accused slashing the victim with a balisong, stabbing him repeatedly at the left side of his chest.
Following the attack, the victim ran, was pursued, and eventually collapsed in front of the Pasay Commercial Bank, dying on the spot with the watch still fastened on his wrist.

A medico-legal autopsy conducted by Dr. Ricardo Ibarola revealed that the cause of death was a stab wound below the victim’s left breast, which penetrated the heart.
The necropsy report detailed abrasions, incised and stab wounds, with the main fatal injury being an 11-cm-deep stab wound that perforated the pericardium and the left ventricle of the heart.
Testimonies were procured from eyewitnesses, such as Remedios Maniti; police officers including Patrolman Arturo Rimorin and Sgt. Geronimo de los Santos; and an extrajudicial confession (Exhibit D) of the appellant was also admitted into evidence.
Hernando Dio, although initially pleading not guilty, later claimed under oath that he did not partake in the stabbing, admitting only to holding the victim’s hands—a statement partially corroborated by other witnesses.

Hernando Dio’s defense maintained his non-involvement in the actual stabbing incident despite acknowledging his presence at the scene.
Counsel for the defense, Atty. Luis R. Feria, argued that the findings of fact favoring the prosecution were based on credible witness testimonies and voluntary admissions by the defendant.
Atty. Feria raised two assignments of error:

The conviction under the special complex crime of robbery with homicide was improper since the robbery was not consummated (the victim’s watch remained on his wrist).
The imposition of the death penalty was inappropriate given that no aggravating circumstances were established during the trial.

The trial court found Hernando Dio guilty beyond a reasonable doubt of committing robbery with homicide as defined under Article 294 of the Revised Penal Code.
The court sentenced him to the penalty of death, alongside additional orders to indemnify the victim’s heirs and pay moral and exemplary damages.

The appellant argued that the crime should be treated as an attempted robbery with homicide rather than a consummated one, based on the fact that the robbery did not yield the victim’s watch.
The contention extended to the sentencing, where the appellant disputed the imposition of the death penalty given the absence of any prosecutable aggravating circumstances.
The Solicitor General, while acknowledging the defense’s point on the attempted nature of the robbery, emphasized that the homicide was directly connected to the attempt, constituting a special complex crime; however, the evidence favored a re-evaluation under Article 297 of the Revised Penal Code.

Whether the trial court erred in convicting Hernando Dio of the special complex crime of robbery with homicide, given that the consummation of the robbery was not achieved.

The contention that the crime should be classified as an attempted robbery with homicide since the victim’s watch remained intact was central to this issue.

Whether the imposition of the death penalty was appropriate considering that no aggravating circumstances were alleged or proven.

The legality and proportionality of sentencing in light of the evidence showing an attempted, rather than consummated, robbery accompanied by homicide.