Title
People vs. Verzosa y Garcia
Case
G.R. No. 118944
Decision Date
Aug 20, 1998
Two men staged a jeepney robbery, shot a resisting passenger, and fled. Eyewitness identification led to their conviction for robbery with homicide, rejecting alibi defenses. Life imprisonment imposed.
robbery with homicide
positive identification
evidence of conspiracy
A

Case Digest (G.R. No. 118944)

Facts:

  • Incident and Criminal Act
    • On or about 21 April 1994, at around 9:00 a.m., a holdup occurred in Navotas, Metro Manila while a passenger jeepney (Plate No. NYZ-655) was en route to Divisoria.
    • The accused, Romulo Versoza y Garcia and Jerry AvendaAo y Mendoza (with an unnamed co-accused later identified as John Doe remaining at large), allegedly conspired and committed the crime by robbing the passengers and killing one, Alberto Aplaon, during the commission of the robbery.
    • Versoza is alleged to have initiated the robbery by crying “Hold-up ito. Walang papalag” and grabbing a necklace from a passenger, which prompted Aplaon to resist by seizing Versoza’s firearm.
    • AvendaAo then seemingly escalated the unlawful act by producing his own gun and shooting Aplaon in the head, resulting in an immediate fatality.
  • Eyewitness Testimonies and Evidence
    • Arthur Dojenas, an eyewitness and one of the jeepney’s passengers, observed the entire occurrence, including the robbery, the struggle over the firearm, and the ensuing shooting.
    • Dojenas was present both during the incident and subsequently during the police line-up conducted at the Navotas Police Station where he positively identified both accused.
    • The police investigation included statements from other witnesses, the notably detailed testimony of Dojenas in court, and the collection of physical evidence, such as a firearm, an improvised knife attached to a ruler, and forensic findings from the autopsy conducted by Dr. Florante Baltazar.
  • Medical and Forensic Findings
    • Dr. Florante Baltazar, the medico-legal officer, conducted the autopsy on victim Alberto Aplaon at approximately 1:00 p.m. on the day of the incident.
    • The autopsy revealed a single gunshot wound at the back of Aplaon’s head, with detailed measurements and trajectory which indicated that the assailant was positioned higher than and behind the victim.
    • A .38 caliber slug was recovered from the victim’s head which further supported the forensic reconstruction of the events.
  • Arrest, Identification, and Subsequent Procedures
    • After the crime, Arthur Dojenas waited for police intervention and participated in the subsequent investigative procedures, including accompanying law enforcement to the squatters’ area and later to the police station for identification.
    • At the Navotas Police Station, during a lineup conducted days after the incident, Dojenas conclusively identified Romulo Versoza from among several detainees.
    • A similar identification process later led to the apprehension and detention of Jerry AvendaAo, as Dojenas pointed to him as the shooter.
    • The police records and the sinumpaang salaysay (sworn statement) by Dojenas provided a robust chronological and factual account of the unfolding events and the identities of the perpetrators.
  • Trial, Defense, and Lower Court Decision
    • In the trial on the merits, the prosecution presented four witnesses, including the victim’s wife Estrella Aplaon, eyewitness Arthur Dojenas, SPO1 Daniel Ferrer (the investigating officer), and Dr. Florante Baltazar.
    • The trial court, relying heavily on the uncontradicted and firm eyewitness identification, found both accused guilty beyond reasonable doubt of highway robbery with homicide under PD No. 532, and sentenced them to life imprisonment.
    • The court also ordered the payment of civil indemnity comprising P50,000.00 for loss of life, P70,000.00 for burial expenses, and P100,000.00 for moral damages.
    • Defendants attempted to challenge the identification process and raised issues concerning alleged misnaming and the validity of their alibi, but these defenses were found insufficient.
  • Evidentiary and Procedural Concerns Raised on Appeal
    • The accused contended that the eyewitness identification was unreliable because Dojenas may have mistaken other detainees for the accused due to the presence of multiple persons during the lineup.
    • Appellant AvendaAo further attempted to discredit his identification by asserting a discrepancy in his name, claiming his true name was “Cherry” with a different middle name.
    • The appeal also questioned whether the element of conspiracy was sufficiently proven and whether the defense’s alibi received due consideration.
    • The issue of misnaming was raised too late, as no prior objection regarding the accused’s name was made during trial; evidentiary rules required any such objection be raised at the time of the witness’ testimony.

Issues:

  • Reliability and Admissibility of Eyewitness Identification
    • Whether the positive identification made by Arthur Dojenas in the police lineup is reliable and sufficient to establish the guilt of the accused beyond reasonable doubt.
    • Consideration of whether the presence of other detainees undermines the accuracy of Dojenas’ identification.
  • Proper Classification of the Offense
    • Whether the crime committed should be classified and punished as highway robbery with homicide under PD No. 532 or as robbery with homicide under Article 294 (1) of the Revised Penal Code.
    • Whether the description of the offense in the information controls its legal classification despite the erroneous caption.
  • Conspiracy and Unity of Purpose
    • Whether the prosecution has sufficiently proven the element of conspiracy, establishing that the accused acted in concert with a shared design and common purpose in executing the robbery and ensuing homicide.
  • Sufficiency of the Alibi and Procedural Objections
    • Whether the alibi presented by the accused provides a credible defense, given the evidence placing them at or near the crime scene.
    • Whether the defendant AvendaAo’s late objection regarding the alleged misnaming can be considered under the rules of evidence and procedure.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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