Case Summary (G.R. No. 179935)
Petitioner
Rustico Abay, Jr. and Reynaldo Darilag were convicted by the trial court, their convictions affirmed by the Court of Appeals, and the affirmance was challenged by petition for review to the Supreme Court.
Respondent
The People of the Philippines prosecuted the accused for highway robbery/brigandage as defined under Presidential Decree No. 532 and defended the convictions on appeal and review.
Key Dates
Incident: February 17, 1994 (date alleged in the Information). Information filed: January 13, 1995. Ramoncito Aban withdrew his not-guilty plea and pled guilty to simple robbery: September 11, 1997. RTC conviction: November 29, 2000. Court of Appeals decision: October 27, 2003; COA resolution denying reconsideration: October 14, 2004. Supreme Court decision affirming COA: September 19, 2008.
Applicable Law
Primary statutory provision cited: Presidential Decree No. 532 (Anti‑Piracy and Anti‑Highway Robbery Law of 1974). Jurisprudential authorities relied upon by the courts include People v. Silan, People v. Victor, People v. Tuppal, Vergara v. People, and People v. Puno. As the Supreme Court decision was rendered in 2008, the 1987 Constitution is the constitutional framework applicable to the decision.
Information and Charges
The Information charged multiple accused with highway robbery/brigandage for an alleged hold-up on the South Luzon Expressway, Biñan, Laguna, on the evening of February 17, 1994. The prosecution alleged that a band of armed persons aboard a Kapalaran bus and a backup jeepney robbed passengers of cash, foreign currency and jewelry and that one passenger was shot. The Information alleged aggravating circumstances including nighttime, acting by a band, use of a motor vehicle, abuse of public position by prison guards who used inmates, and prior convictions or habituality/recidivism of certain accused.
Arraignment and Pleas
When arraigned, all accused initially pleaded not guilty. Ramoncito Aban, with the consent of the prosecutor and complainants, later withdrew his not-guilty plea and, on September 11, 1997, pleaded guilty to simple robbery and was sentenced in the trial court.
Prosecution Evidence
The prosecution called as witnesses Thelma Andrade, Gloria Tolentino, and Ramoncito Aban. Andrade (the bus conductress) testified that Aban took collected fares at gunpoint and that she identified Rustico Abay, Jr. and Ernesto Ricalde as companions of Aban. Tolentino testified that a man (identified as Ariston Reyes) took her money and jewelry and handed them to Reynaldo Darilag; she also identified Rustico Abay, Jr. Aban testified about being taken by prison guards Camacho and Espeleta and others aboard a jeep to stage hold-ups; he recounted that his group committed similar hold-ups on February 11, 13, 17 and 22, 1994 and specifically implicated Punzalan and Darilag as persons who took money and belongings in one of the incidents.
Defense Evidence
The defense presented testimony from petitioners Abay, Jr. and Darilag and other co-accused who denied participation. Several detained accused testified they were confined in NBP at the time of the incident; civilians Perello and Pascual testified they were at home. A prison guard, Genaro Alberto, testified that headcounts at 5:00 p.m. and 8:00 p.m. on February 17, 1994 showed no inmate missing.
RTC Decision
The Regional Trial Court, Branch 31, San Pedro, Laguna, rendered a decision dated November 29, 2000 convicting the accused (including Abay, Jr. and Darilag) of highway robbery/holdup attended by the aggravating circumstance of a band, and sentenced each to an indeterminate penalty with a stated minimum and maximum term and ordered indemnities to victims (e.g., P3,500 to Thelma Andrade; P30,000 and US$2,000 to Gloria Tolentino). The RTC imposed costs and made factual findings crediting the prosecution witnesses.
Court of Appeals Decision
The Court of Appeals, in a decision dated October 27, 2003, reversed and set aside the RTC decision only insofar as it convicted Isagani Espeleta, Cesar Camacho and Ramon Punzalan, acquitting those three for insufficiency of evidence. The CA affirmed the RTC's conviction in toto as to Rustico Abay, Jr., Ernesto Ricalde, Reynaldo Darilag and Ariston Reyes.
Issue on Review
The Supreme Court framed the sole issue as whether petitioners Abay, Jr. and Darilag could be convicted on the basis of the testimonies of Ramoncito Aban, Thelma Andrade and Gloria Tolentino.
Petitioners’ Arguments on Review
Petitioners contended their guilt was not proven beyond reasonable doubt, arguing that Aban was not credible, that Aban testified about a February 22, 1994 incident rather than the February 17 event charged, that no physical evidence linked them to the crime, that they had been acquitted in a related case, that their alibi should prevail, and that Aban’s extrajudicial confession was coerced.
Respondent’s Position (OSG)
The Office of the Solicitor General contended the petition raised principally factual questions and maintained that Aban was a credible witness whose testimony, corroborated by eye‑witnesses Andrade and Tolentino, established petitioners’ participation; the OSG also argued that alibi could not prevail over positive identification.
Supreme Court’s Analysis — Extrajudicial Confession and Judicial Admission
The Court observed that Aban’s extrajudicial statements were reiterated and affirmed in open court, converting them from hearsay into judicial admissions and admissible testimony against those implicated. The Supreme Court applied the settled rule that a conspirator’s extrajudicial admission, when confirmed at trial, becomes a judicial admission and may be considered as evidence against co‑accused.
Supreme Court’s Analysis — Credibility and Corroboration
The Court distinguished petitioners from co‑accused who were acquitted (Espeleta, Camacho, Punzalan) on the ground that, unlike those acquitted, Abay, Jr. and Darilag were identified not only by Aban but also by independent eyewitnesses (Andrade and Tolentino). The Court found the testimonies of Andrade, Tolentino and Aban to be mutually corroborative on essential facts and to form a consistent whole supporting conviction.
Supreme Court’s Analysis — Date Discrepancy
Addressing the contention that Aban testified only about a February 22, 1994 hold‑up, the Court noted Aban testified about a pattern of robberies on four dates including February 17 and that his testimony specifically encompassed the February 17 incident on the Expressway in Biñan, Laguna. The Court therefore deemed the date discrepancy immaterial to the weight of his testimony as corroborative.
Supreme Court’s Analysis — Physical Evidence and Prior Acquittal
The Court held that absence of physical evidence did not materially weaken the prosecution’s case where credible eyewitness testimony had been presented, because physical evidence would have been merely corroborative. The Supreme Court also rejected reliance on an unrelated acquittal, noting no showing that the evidence in the other proceeding was identical, and observed that defense could have filed a d
...continue readingCase Syllabus (G.R. No. 179935)
Procedural History
- An Information was filed on January 13, 1995 charging multiple accused, including Rustico Abay, Jr. and Reynaldo Darilag, with Highway Robbery/Brigandage for acts alleged to have occurred on February 17, 1994.
- Upon arraignment, all accused pleaded not guilty; Ramoncito Aban later withdrew his plea and, on September 11, 1997, pleaded guilty to simple robbery and was sentenced.
- Trial proceeded against the remaining accused. The Regional Trial Court (RTC) of San Pedro, Laguna, Branch 31 rendered a Decision on November 29, 2000 convicting petitioners Abay, Jr. and Darilag, among others, of highway robbery/hold-up and imposing penalties and civil indemnities.
- On appeal, the Court of Appeals (CA) in a Decision dated October 27, 2003 reversed and set aside the RTC decision only insofar as Isagani Espeleta, Cesar Camacho and Ramon Punzalan were concerned, acquitting them for insufficiency of evidence, but affirmed in toto the conviction of Rustico Abay, Jr., Ernesto Ricalde, Reynaldo Darilag and Ariston Reyes.
- Petitioners Abay, Jr. and Darilag filed a motion for reconsideration which was denied by the CA (Resolution dated October 14, 2004).
- Petitioners brought the matter to the Supreme Court by petition for review under G.R. No. 165896, with the Supreme Court decision rendered on September 19, 2008; the Supreme Court affirmed the CA decision.
Charged Offense and Allegations in the Information
- Charge: Highway Robbery/Brigandage, alleged to have been committed about 7:30 o’clock in the evening of February 17, 1994 at the South Luzon Expressway, Municipality of Biñan, Province of Laguna.
- Accused named in the Information include Ramoncito Aban, Ernesto Ricalde, Rustico Abay, Jr., Ramon Punzalan, Reynaldo Darilag, Leonardo Perello, Danilo Pascual, Ariston Reyes, Isagani Espeleta and Cesar Camacho, described as principals by direct participation and principals by indispensable cooperation forming themselves as a band of robbers.
- Means and instruments alleged: conveniently armed with handguns and deadly bladed weapons; aboard a Kapalaran Bus Line, plate DVT-527 bound for Sta. Cruz, Laguna, and a semi stainless owner type jeep plate PJD-599 as backup vehicle.
- Acts alleged: with intent to gain, took by surprise and divested passengers/occupants of personal effects including:
- Thelma Andrade y Lorenzana — P3,500.00 cash;
- Gloria Tolentino y Pamatmat — P30,000.00 cash, US$2,000.00, and eyeglasses (Perare) worth P5,000.00;
- Lilian Ojeda y Canta — P120.00 cash;
- Paul Masilang y Reyes — assorted used clothes of undetermined amount.
- Resulting injury alleged: passenger Rogelio Ronillo y Lumboy was shot in the neck; the Information alleged the accused performed all acts of execution that would produce the crime of homicide but did not succeed by causes independent of their will (timely medical assistance).
- Aggravating circumstances alleged: nighttime, by a band, with the use of a motor vehicle.
- Additional aggravating allegation: accused Isagani Espeleta and Cesar Camacho, being prison guards, took advantage of public position by bringing out prison inmates and equipping them with deadly weapons to be used in commission of robbery.
- Allegations regarding prior convictions/reiteracion/recidivism for certain accused (as set out in the Information):
- Ramoncito Aban (prison no. 121577) — recidivist, convicted June 15, 1984 (RTC Malolos) for Robbery with Homicide.
- Ariston Reyes (prison no. 115906-P) — recidivist, convictions March 11, 1982 (CFI Manila) and September 2, 1987 (RTC Quezon City) for Robbery; reiteracion/habituality for Homicide serving sentence (convicted March 25, 1991 RTC Quezon City).
- Reynaldo Darilag (prison no. 129552-P) — reiteracion for previous punishment for murder (Criminal Case No. 039, RTC Tuguegarao) and recidivist for robbery (convicted July 8, 1987).
- Rustico Abay, Jr. (prison no. 132566-P) — recidivist, convicted August 31, 1988 (RTC Manila) for Theft.
- Ramon Punzalan (prison no. 113605-P) — recidivist, multiple prior convictions (robbery in band, theft, carnapping, simple theft) with specific dates and courts enumerated.
- Ernesto Ricalde (prison no. N92P-2735) — recidivist, convicted August 2, 1992 (RTC Lucena City) for simple theft.
Pleas and Change of Plea
- At arraignment, all accused initially pleaded not guilty.
- Ramoncito Aban, with conformity of public prosecutor and private complainants Thelma Andrade and Gloria Tolentino, was later allowed to withdraw his not guilty plea and on September 11, 1997 pleaded guilty to simple robbery, after which he was sentenced.
Prosecution Witnesses and Their Testimonies
- Thelma Andrade (conductress of the Kapalaran Bus Line)
- Testified that on the evening of February 17, 1994 the bus she was on was held up.
- Stated that Ramoncito Aban took from her, at gunpoint, the fares she collected.
- Identified Rustico Abay, Jr. and Ernesto Ricalde as companions of Aban.
- Gloria Tolentino (passenger)
- Testified that someone shouted "hold-up" and ordered passengers to bow their heads.
- Related that a man seated beside her, Ariston Reyes, took her money and pieces of jewelry and handed them over to Reynaldo Darilag.
- Identified Rustico Abay, Jr. as one of the robbers’ companions.
- Ramoncito Aban (prosecution’s last witness; later pleaded guilty in separate proceeding)
- Testified that prison guards Camacho and Espeleta took him and his companions (Ricalde, Abay, Jr., Punzalan, Darilag, Reyes, Perello and Pascual) on board Camacho’s owner-type jeep to stage a hold-up.
- Stated they held up a Kapalaran bus, and that Punzalan and Darilag took money and belongings of the passengers.
- Testified that the February 22, 1994 hold-up was the fourth staged by their group, with prior incidents on February 11, 13 and 17, 1994, and that all four hold-ups were staged by the same persons, using the same route and strategy.
Defense Witnesses and Testimonies
- Petitioners Rustico Abay, Jr. and Reynaldo Darilag (and other co-accused) denied participation in the February 17, 1994 robbery.
- Abay, Jr., Darilag, Reyes and Ricalde, who were detention prisoners, testified they were confined in the New Bilibid Prison (NBP) at the time of the incident.
- Danilo Pascual and Leonardo Per