Case Digest (G.R. No. 123161)
Facts:
People of the Philippines v. Liberato "Dukduk" Solamillo and Julian Solamillo, G.R. No. 123161, June 18, 2003, the Supreme Court En Banc, Sandoval-Gutierrez, J., writing for the Court.On March 23, 1994 an Information was filed in the Regional Trial Court (RTC), Branch 1, Isabela, Basilan, charging Liberato "Dukduk" Solamillo and Julian Solamillo, together with Edgardo Ebarle and Eddie "Angel" Trumata, with robbery with homicide allegedly committed on March 2, 1994 at Aguada Barangay, Municipality of Isabela, Basilan. The Information alleged that the accused, armed with a bolo, a piece of bakawan and a wooden stool, conspired and, with treachery and evident premeditation, hacked and clubbed the victim Alexander Guiroy to death and took his money, watch and wallet.
At arraignment Liberato and Edgardo pleaded not guilty; Julian pleaded guilty. Eddie Trumata remained at large. The prosecution sought to use Edgardo as a state witness but he died before testifying. Trial evidence consisted principally of testimony from the victim’s daughter Aleli Guiroy, the police (SPO4 Pedro Oreta, PO3 Celso Tan Sanchez), the medico-legal examiner Dr. Teresita L. Dans, and a relative Emmanuel Guiroy.
Aleli testified she saw the four men at the bakery on the evening of March 2. The next morning the victim was found dead inside the bakery; the premises were ransacked and the victim’s money, watch and wallet were missing. Dr. Dans’s post-mortem report showed 21 incised wounds and multiple contusions and abrasions consistent with sharp and blunt instruments. Emmanuel and police arrested Edgardo in Lamitan; while en route back Edgardo implicated Eddie and the appellants. Liberato was later arrested in Zamboanga City wearing a watch identified as the victim’s and in possession of the victim’s wallet and P48.00. Julian surrendered in Dumaguete; he testified that while Edgardo and Eddie attacked the victim he did nothing and picked up about P995.00 scattered on the floor. He later claimed his guilty plea at arraignment was coerced by a policeman named Bayabos.
On September 20, 1995, the RTC (Judge Salvador A. Memoracion) convicted Liberato and Julian as principals of robbery with homicide, found attendant aggravating circumstances (by band, evident premeditation, treachery, deliberate cruelty)...(Subscriber-Only)
Issues:
- Was the conviction of appellants supported by sufficient circumstantial and other evidence?
- Whether appellant Julian effectively withdrew his plea of guilty and, if not, whether his plea alone can sustain conviction.
- Whether the aggravating circumstances (by a band, evident premeditation, treachery, deliberate cruelty) were properly appreciated to justify the death penalty.
- What is the correct penalty and the proper civil and moral dam...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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