Case Digest (G.R. No. 140756)
Facts:
On April 4, 2003, the Supreme Court resolved the automatic review of the April 1999 decision of the Regional Trial Court of Bulacan, Branch 11, in Criminal Case No. 443-M-97, which convicted Juan Gonzales Escote, Jr. and Victor Acuyan of the special complex crime of robbery with homicide and imposed the penalty of death on each. The prosecution established that on September 28, 1996, past midnight, Escote and Acuyan boarded a Five Star passenger bus in Balintawak, Quezon City, with firearms concealed under their jackets. When the bus reached Plaridel, Bulacan, they suddenly announced a holdup, fired their weapons to intimidate passengers, and forcibly took money and valuables, including the conductor’s fare collections. Approaching the rear of the bus, they disarmed SPO1 Jose C. Manio, Jr., identified his police service firearm and identification card, threatened to kill him, and then shot him repeatedly, inflicting six fatal gunshot wounds. After alighting in Pampanga, the robbCase Digest (G.R. No. 140756)
Facts:
- The Robbery-Homicide
- On September 28, 1996 shortly after midnight, a Five Star passenger bus (Plate No. ABS-793) traveling from Pasay City to Bolinao, Pangasinan stopped at Camachile, Balintawak.
- Two armed men—Juan Gonzales Escote, Jr. and Victor Acuyan—boarded, declared a holdup in Plaridel, Bulacan, seized money and valuables from passengers and conductor Romulo Digap, and then went to the rear of the bus.
- They accosted SPO1 Jose C. Manio, Jr., took his service gun, threatened him, and fatally shot him six times; they then instructed the driver to continue and alighted at an overpass in Mexico, Pampanga.
- Investigation and Arrests
- Driver Rodolfo Cacatian and Conductor Digap reported the crime; autopsy by Dr. Tolentino detailed multiple entrance/exit wounds and cause of death.
- On October 25, 1996, in Tarlac, Escote was stopped driving a taxi, found with Manio’s expired police ID and live bullets, confessed involvement, and was identified by Digap.
- Acuyan was later arrested in Northern Samar; both were arraigned on April 4, 1997 for robbery with homicide.
- Trial Court Proceedings
- Prosecution presented witnesses (driver, conductor, medical officer, arresting officers) and documentary/evidence exhibits.
- Acuyan testified in defense claiming alibi; Escote escaped custody after the prosecution rested but was later rearrested and did not testify.
- On March 11, 1999, RTC Branch 11, Bulacan convicted both of robbery with homicide under Art. 294 RPC, imposed the death penalty, and awarded damages (₱300,000 to heirs; ₱6,000 to Five Star Bus).
Issues:
- Whether the identification by the bus driver and conductor was sufficiently positive and reliable to sustain conviction.
- Whether the evidence proved beyond reasonable doubt all elements of robbery with homicide as charged.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)