Case Digest (G.R. No. 138022)
Facts:
The People of the Philippines v. Romeo Romero y Asiado, G.R. No. 138022, August 23, 2001, Second Division, Mendoza, J., writing for the Court.The prosecution charged Romeo Romero y Asiado (accused-appellant), together with Pedro Francisco and Salvador Gregorio (at large), with the complex crime of robbery with homicide under Article 294, par. 1 of the Revised Penal Code, arising from the October 15, 1991 death of Purita Santos Luey and the alleged taking of jewelry, a Betamax and cash from the Luey residence in Quezon City. The amended information alleged conspiracy among the three, use of an ice pick, hog-tying of the victim, and multiple stab wounds resulting in death.
Initial proceedings: only Pedro Francisco was apprehended first and arraigned January 16, 1992 (he pleaded not guilty at arraignment). Romero was arrested September 6, 1993 and arraigned August 12, 1994 (pleaded not guilty). Salvador Gregorio remained at large. After trial commenced, Pedro Francisco changed his plea and on July 16, 1997 pleaded guilty to the lesser offense of robbery with physical injuries and was convicted for that offense.
At trial the prosecution presented six witnesses: (1) Carlos Obal, a cousin of the victim who testified he saw three men—identified as Francisco, Romero and Gregorio—hurriedly leaving the Luey house about 8:00 a.m. on October 15, 1991, each carrying a bag; (2) SPO2 Rodrigo Mendez and SPO2 Geronimo Estacio who described the ransacked house, discovery of the victim tied and stabbed, recovery at the scene of two improvised ice-pick scabbards, and police efforts that led to Francisco’s extrajudicial confession and to recovery of a Betamax and adaptor; (3) Ping Yan Luey (the victim’s husband), who identified missing items and presented funeral-related receipts; and (4) Dr. Dario Gajardo, who performed the autopsy and testified to multiple stab wounds—several fatal—consistent with a pointed instrument like an ice pick. Pedro Francisco executed an extrajudicial confession implicating Romero and Gregorio, led police to recovered items, and described facts showing conspiracy and roles of the three.
The defense presented only accused-appellant Romero, who testified he had an alibi: he claimed he was in Pilar, Sorsogon attending fiesta on October 15, 1991 and denied acquaintance with Francisco or participation in the crime. No corroborating witnesses for the alibi were produced. The prosecution presented testimony that the Pilar fiestas occurred on earlier dates (October 6–7 for the barangay fiesta; October 11–12 for the town fiesta), undermining Romero’s alibi.
On February 11, 1999, the Regional Trial Court (Branch 100, Quezon City) found Romero guilty beyond reasonable doubt of robbery with homicide and sentenced him to reclusion perpetua, and ordered indemnity and other damages. Romero appealed to the Court; the present decision is th...(Subscriber-Only)
Issues:
- Was the prosecution’s circumstantial evidence, including co-accused Pedro Francisco’s extrajudicial confession, sufficient to sustain Romero’s conviction beyond reasonable doubt?
- Is the award of actual damages for the jewelry claimed by the victim’s husband supported by...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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