Case Digest (G.R. No. 141644)
Facts:
People of the Philippines v. Rolando Pineda y Manalo, G.R. No. 141644, May 27, 2004, the Supreme Court En Banc, Carpio, J., writing for the Court.Appellant Rolando Pineda was charged in an Information dated April 21, 1998 with highway robbery resulting in homicide arising from a hold-up on October 15, 1997 aboard a Dreamline airconditioned bus in Caloocan City, during which SPO1 Arnel Fuensalida was shot and later died. The Information named co-accused Celso Sison y Lloren, Victor Emmanuel Colet, Totie Jacob and two John/Peter Does. Police arrested Pineda in September 1998; several other accused remained at large and Colet was later arrested and arraigned.
At trial in the Regional Trial Court, Caloocan City, Branch 127 (Judge Myrna Dimaranan Vidal), the prosecution presented six witnesses including the bus driver Camilo Ferrer, conductor Jimmy Ramos, and medico-legal officer Dr. Ma. Cristina Freyra (who performed the autopsy describing multiple fatal gunshot wounds). Ferrer and Ramos testified about the hold-up and later identified Pineda from police photographs shown to them. Physical evidence included recovered slugs and empty shells from the bus and the victim’s service firearm. The defense offered appellant’s alibi supported by witnesses Lillian Tan and Efren Quiton, and by co-accused Colet who testified Pineda was not among the robbers.
The trial court found appellant guilty of robbery with homicide under Article 294 of the Revised Penal Code (as amended by R.A. 7659), concluding the crime was not charged under P.D. No. 532, and that the aggravating circumstance "by a band" warranted the death penalty; it sentenced Pineda to death, ordered indemnities and damages, acquitted Colet on demurrer to evidence, and dir...(Subscriber-Only)
Issues:
- Did the prosecution prove the identity of appellant as one of the perpetrators beyond reasonable doubt, considering the photographic identification procedure and witnesses’ opportunity to observe?
- If identity was not satisfactorily established, did the prosecution nonetheless prove all elements of robbery with homicide beyond reasonable doubt so as to sustain conviction despi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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