Case Digest (G.R. No. 134373)
Facts:
People of the Philippines v. Castanito Gano y Saguyong, G.R. No. 134373, February 28, 2001, the Supreme Court En Banc, Bellosillo, J., writing for the Court. The prosecution (plaintiff-appellee) charged Castanito Gano (accused-appellant, also known by aliases Jerry Perez, Allan Perez, Allan Saguyong and Jerry Gano) with robbery with homicide for the killings, on 30 December 1994, of Conchita Marbella and her parents-in-law Ponciano and Anicia Salen at their residence in Guinayang, San Mateo, Rizal.On arraignment the accused made a qualified admission as to the killings but denied robbery; he later pleaded not guilty to the complex crime charged under Article 294 of the Revised Penal Code. The Regional Trial Court (RTC), Branch 75, San Mateo, Rizal, after trial found the accused guilty of robbery with homicide, sentenced him to death, ordered him to indemnify the heirs P50,000 per victim (total P150,000), and imposed costs. The RTC credited the voluntary admission as mitigating and treated the multiplicity of victims as two aggravating circumstances.
The factual matrix at trial included: identification and eyewitness testimony by four-year-old Angelica Marbella who positively identified the accused as the killer and as the person who took her Mickey Mouse watch; recovery from the accused upon arrest of two wristwatches (one Mickey Mouse), a leather wallet and P1,590 in cash; testimony that drawers at the scene bore signs of forcible opening; testimony by police that the accused confessed upon arrest; and the accused’s own testimony admitting the killings but denying the robbery and asserting that the items recovered were his lawful belongings or were taken by police without warrant.
Because the conviction carried death as a penalty, the case came to the Supreme Court by automatic review. The Court considered whether the robbery element was proven, whether the multiple homic...(Subscriber-Only)
Issues:
- Was the element of robbery in robbery with homicide sufficiently proven beyond reasonable doubt?
- May the multiplicity of homicides committed on the occasion of a robbery be appreciated as aggravating circumstances to justify imposition of the death penalty?
- Was the accused’s admission of killing a mitigating circumstance that warranted reduction of penalty?
- Could dwelling or other unalleged aggravating circumstances be appreciated despite not bein...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)