G.R. No. 86163 - People vs. Salvilla

Parties and Charge
The People of the Philippines filed Criminal Case No. 20092 in the Regional Trial Court, Branch 28, Iloilo City, charging Bienvenido Salvilla and three Canasares brothers with Robbery with Serious Physical Injuries and Serious Illegal Detention (Art. 294(3) in conjunction with Art. 267, RPC).
The Information alleged that on April 12, 1986, the accused, armed with guns and a hand grenade, forcibly took ₱20,000 cash, wristwatches, jewelry (total value ₱50,000), and ransom money of ₱50,000 from Severino Choco, Mary Choco, Mimie Choco (minor), and salesgirl Rodita Hablero, detaining them at the New Iloilo Lumber Company premises.

Commission of the Offenses
The accused entered the lumberyard at noon, announced a hold-up, and compelled Rodita to fetch the victims. Salvilla pointed his gun at Severino and his daughters, demanding money. Severino handed over ₱20,000 in a paper bag.
Despite the initial surrender of funds, the accused took Severino’s wallet and wristwatch, herded the victims into the office as hostages, and later demanded an additional ₱100,000 for release. Police and military besieged the premises while negotiations (through Major Sequio and OIC Mayor Caram) ensued, resulting in the delivery of ₱50,000 to one kidnapper.

Assault and Injuries
When the accused refused to surrender, authorities launched an assault. In the ensuing gunfire, Mary Choco suffered a macerated right leg requiring amputation; Mimie Choco and two accused (Ronaldo, Reynaldo) also sustained injuries.
Medical records documented Mary’s hemorrhagic shock, multiple operations, and confinement from April 13 to May 30, 1986.

Trial and Appeal
At trial, Rodita testified to the taking of money and watches; the prosecution introduced physical evidence. Salvilla admitted entry, detention of victims, and receipt of ₱5,000 (defense claimed he prevented further taking).
The RTC convicted all accused of the complex crime, imposing reclusion perpetua. Salvilla appealed, claiming (a) the robbery was merely attempted due to lack of asportation, and (b) his voluntary surrender warranted mitigation.

Consummation of Robbery
Whether there was sufficient “taking” and asportation to constitute consummated robbery rather than mere attempt.

Voluntary Surrender as Mitigation
Whether Salvilla’s eventual giving up met the requisites of a voluntary surrender mitigating circumstance under Article 13, RPC.

Nature of Offenses and Penalty
Whether the complex crime of Robbery with Serious Physical Injuries and Serious Illegal Detention should be punished under the penalty for the more serious offense (Serious Illegal Detention) in accordance with Article 48, RPC.