Case Digest (G.R. No. 167715)
Facts:
In People of the Philippines vs. Eduardo Macam y Lontoc, et al., G.R. Nos. 91011–12 (November 24, 1994), Danilo Roque and Ernesto Roque were charged with Robbery with Homicide under Article 294(1) of the Revised Penal Code for the brutal August 18, 1987 hold-up at the home of Benito Macam y Sy, located at No. 43-A Fema Road, Brgy. Bahay Toro, Quezon City. According to the prosecution, Eduardo Macam (nephew of the victim), Antonio Cedro, Eugenio Cawilan Jr., Danilo Roque (the tricycle driver), and Ernesto Roque conspired to barge in under the pretense of having lunch, then forcibly tied up the occupants, ransacked the place, robbed items worth some ₱536,700.00, and stabbed to death Leticia Macam y Tui. The trial in RTC, Branch 104, Quezon City, saw the co-accused Eduardo Macam, Cedro, and Cawilan Jr. plead guilty and receive reclusion perpetua and civil indemnity. Danilo Roque testified in exculpation, claiming he was an unwilling participant who escaped before the homicidal attaCase Digest (G.R. No. 167715)
Facts:
- Criminal Information and Accused
- Criminal Case No. Q-53781 – Danilo Roque and Ernesto Roque, together with Eduardo Macam, Antonio Cedro, and Eugenio Cawilan, Jr., charged with Robbery with Homicide under Article 294(1), RPC.
- Criminal Case No. Q-53783 – Eugenio Cawilan, Sr., charged with violation of PD No. 1612 (Anti-Fencing Law).
- Prosecution Evidence
- Incident of August 18, 1987 in Quezon City:
- Eduardo Macam lured victim Benito Macam’s household into eating at his home;
- Armed accomplices (Cedro, Cawilan Jr., Danilo and Ernesto Roque) entered, announced a hold-up, tied up the occupants, ransacked the house and stole valuables worth over ₱500,000.
- Homicide and Injuries:
- Leticia Macam was moved and killed upstairs;
- Benito Macam, Nilo Alcantara, and Salvacion Enrera sustained stab wounds requiring over 30 days of medical attendance.
- Arrest and Identification:
- Danilo and Ernesto Roque apprehended August 19, 1987 at Zesto factory by security guards;
- Brought to QCPD, then to Quezon City General Hospital for line-up in handcuffs before injured victims;
- Victims identified both appellants; no counsel present.
- Defense Version
- Danilo Roque’s Testimony:
- Hired as tricycle driver, unaware of robbery plan;
- Ate lunch, washed dishes, then threatened at gunpoint by co-accused, ordered to help load stolen goods, escaped when he heard a plan to kill witnesses;
- Ernesto Roque arrived separately on August 19 and was not at the scene.
- Issues Presented by Appellants:
- Invalid warrantless arrest and custodial line-up without counsel, violating Art. III, Sec. 12, 1987 Constitution;
- Alleged failure of the prosecution to prove conspiracy and guilt beyond reasonable doubt.
Issues:
- Was the warrantless arrest of appellants lawful and may they question it on appeal?
- Is the uncounseled police line-up and subsequent in-court identification admissible?
- Did the prosecution prove conspiracy and guilt beyond reasonable doubt?
- Does the crime qualify as the special complex crime of Robbery with Homicide?
- Are the civil damages awarded by the RTC proper in amount and solidarity?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)