Case Digest (G.R. No. 139697)
Facts:
People of the Philippines v. Lito Hernandez, G.R. No. 139697, June 15, 2004, the Supreme Court En Banc, Callejo, Sr., J., writing for the Court.The appellant, Lito Hernandez, was charged in the Regional Trial Court (RTC) of Lemery, Batangas, Branch 5, in Criminal Case No. 13-95 with the special complex crime of robbery with homicide under Article 294, paragraph 1 of the Revised Penal Code, as amended by Republic Act No. 7659. The Information alleged that on December 19, 1994 at about noon in Brgy. Mahabang Parang, San Luis, Batangas, the appellant, together with one Nestor Catapang, armed with a bolo and a balisong, robbed and carried away jewelry and cash from 72‑year‑old Natividad Yuzon Mendoza, and, on the occasion of the robbery, strangled her to death.
At arraignment the appellant and Catapang pleaded not guilty. During pretrial or trial-stage events, Catapang was shot dead while attempting to escape from Batangas Provincial Jail; trial therefore continued against Hernandez alone. The prosecution presented as its principal eyewitness Cesar Yuzon, a relative of the victim, who testified that he saw the appellant and Catapang forcibly take money and jewelry from the victim and then strangle her with a white buri/vine rope; Cesar further testified that the two threatened him with death to prevent disclosure, which explained his delay in reporting the crime. The medico‑legal officer testified that the victim died of asphyxia by ligature strangulation.
On February 8, 1999, the RTC rendered judgment finding Hernandez guilty beyond reasonable doubt of the complex crime of robbery with homicide and sentenced him to “RECLUSION PERPETUA to DEATH,” and ordered indemnity, actual damages, attorneys’ fees and moral damages. The appellant filed an appeal which, because the sentence involved the capital penalty as originally imposed, came before the Supreme Court on automatic appeal.
On June 15, 2004 the Supreme Court, in an En Banc decision penned by Justice Callejo, Sr., affirmed the conviction but modified the penalty and awards: it held Hernandez guilty of robbery with homicide under Article 294(1) and imposed an indivisible penalty of reclusion perpetua, reduced or deleted certain damage awards, and ordered costs de ofici...(Pro-only)
Issues:
- Was the eyewitness testimony of Cesar Yuzon sufficient and credible to sustain conviction beyond reasonable doubt for robbery with homicide?
- Were the aggravating circumstances of abuse of superior strength and disregard of age and sex properly appreciated and proved?
- Was the mitigating circumstance of voluntary surrender present and properly consi...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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