Case Summary (G.R. No. 135051-52)
Factual Background
On August 12, 1994, two separate Informations were filed charging Arizobal, Lignes, Rogelio Gemino, and two unidentified persons with Robbery in Band with Homicide. The cases against Rogelio Gemino were dismissed for lack of evidence, while Lignes and Arizobal were tried. During the trial, Arizobal escaped from detention, and his proceedings continued in absentia. The prosecution presented eyewitness accounts including testimonies from Clementina Gimenez, the wife of Laurencio, who identified Arizobal and Lignes as among the assailants.
Incident Details
Clementina testified that armed intruders entered their home, including Arizobal and Lignes, who demanded to know if they had a weapon. The robbers ransacked their belongings, stole cash, and forcibly took Laurencio to another location where he was later shot. A similar violent encounter was recounted by Erlinda Gimenez, wife of victim Jimmy, who testified that her husband was taken and also killed during the incident.
Evidence Presented
The prosecution provided medical reports indicating the causes of death for both Laurencio and Jimmy Gimenez due to gunshot wounds. Erly Lignes attempted to establish an alibi, stating he was at a neighbor’s house for a celebration nearby during the time of the crime, supported by witnesses who corroborated his presence.
Trial Court Decision
On July 7, 1998, the trial court convicted both accused of Robbery with Homicide and sentenced them to death, along with ordering them to pay civil indemnities and damages to the victims' heirs. The court found that the testimonies of the prosecution witnesses were credible, had no established motive to lie, and thus were worthy of belief.
Appeals and Legal Arguments
Lignes contended that the prosecution’s witnesses were unreliable, pointing out inconsistencies in their testimonies. However, the court maintained that such inconsistencies did not critically undermine their overall credibility. The prosecution’s witnesses positively identified Lignes and Arizobal as the perpetrators and articulated their roles during the commission of the crime.
Aggravating Circumstances
The court noted aggravating circumstances such as the crime being committed by a band and the use of treachery in executing the killings. However, the court also concluded that treachery could not be an aggravating circumstance in the case of robbery with homicide, as the primary intent was clearly robbery rather than murder.
Re-evaluation of Sentences
Upon review, it was determined that the qualifying circumstance of a band could not be established as no evidence indicated that more than three assailants were armed at the time. Additionally, nighttime was not deemed an aggravating factor, as the presence of adequate lighting was established in the vicinit
...continue readingCase Syllabus (G.R. No. 135051-52)
Case Overview
- This case involves a decision made by the Supreme Court of the Philippines regarding the conviction of Clarito Arizobal and Erly Lignes for robbery in band with homicide.
- The trial was based on incidents that occurred on March 24, 1994, where Laurencio and Jimmy Gimenez were robbed and subsequently killed.
Factual Background
- On August 12, 1994, two separate Informations were filed in the Regional Trial Court of Cataingan, Masbate, charging the accused with robbery in band with homicide.
- The trial was conducted jointly, but Rogelio Gemino was dismissed from the charges for lack of evidence.
- Erly Lignes stood trial while Clarito Arizobal escaped and was tried in absentia.
- The prosecution presented testimonies from several witnesses, including Clementina Gimenez and Erlinda Gimenez, who provided critical accounts of the events leading to the killings.
Testimonies of Witnesses
Clementina Gimenez:
- Described being confronted by three armed men in her home, two of whom she recognized as Arizobal and Lignes.
- Testified that the robbers demanded money and took P8,000 from their home before taking Laurencio to another location, where shots were later heard.
Erlinda Gimenez:
- Recounted the attack on her household, where her husband Jimmy was taken and subsequently shot after failing to produce a ransom.
- Confirmed that two of the assailants, Arizobal and Lignes, stayed behind to guard her and her son.
Defense Presented
- Erly Lignes claimed an alibi, stating he was at