Title
People vs. Balute y Villanueva
Case
G.R. No. 212932
Decision Date
Jan 21, 2015
Balute robbed and fatally shot SPO1 Manaois in 2002; despite his alibi, eyewitnesses identified him. Convicted of Robbery with Homicide, he received reclusion perpetua without parole and damages.

Case Summary (G.R. No. 212932)

Applicable Law and Charges

Balute was charged with Robbery with Homicide under Article 294(1) of the Revised Penal Code (RPC), as amended by Republic Act No. 7659, which penalizes robbery accompanied by homicide with reclusion perpetua to death. The prosecution charged that Balute, together with another unidentified individual, forcibly took a cellular phone from SPO1 Manaois and shot him, causing his death.

Facts Established

On the night of March 22, 2002, SPO1 Manaois was inside his owner-type jeepney in Tondo, Manila, accompanied by his wife Cristita and daughter Blesilda. While stopped in heavy traffic, two men—Balute and another—approached the vehicle. Balute pointed a gun at Manaois, cursed him, grabbed his Nokia 3210 phone from his pocket, and shot him in the left torso. Manaois attempted to draw his firearm but collapsed and later died despite medical intervention.

Defense and Alibi

Balute denied involvement, asserting an alibi that he was at his workplace, a pedicab welding shop operated by Leticia Nicol, from 8:00 a.m. to 10:00 p.m. Nicol supported this claim and implicated other individuals as responsible.

Regional Trial Court’s Decision

The RTC found Balute guilty beyond reasonable doubt of Robbery with Homicide with the aggravating circumstance of treachery. He was sentenced to reclusion perpetua without parole eligibility and ordered to pay P50,000 civil indemnity, P6,000 compensatory damages for the stolen phone, and P50,000 moral damages with six percent interest per annum from the information filing. The court favored the positive identification by the victim’s wife and daughter over Balute’s alibi.

Court of Appeals’ Ruling

The Court of Appeals affirmed Balute’s conviction but modified some aspects: (a) excluded treachery as aggravating circumstance since not alleged in the information; (b) increased civil indemnity to P75,000 following prevailing jurisprudence; (c) deleted compensatory damages for the phone’s value for lack of competent evidence, instead awarding actual damages of P140,413.53 for hospital and funeral expenses; and (d) imposed six percent interest on all damages from the decree’s finality.

Issue Before the Supreme Court

The sole issue was whether the Court of Appeals correctly upheld the conviction of Balute for Robbery with Homicide.

Supreme Court’s Analysis on Factual Findings

The Supreme Court reaffirmed the principle that factual findings of lower courts are given great weight and are only disturbed under compelling reasons. It found no basis to overturn the RTC and CA decisions since the prosecution satisfactorily proved the elements of Robbery with Homicide beyond reasonable doubt.

Elements of Robbery with Homicide

The Court cited People v. Ibañez, elaborating that to convict for Robbery with Homicide, the prosecution must prove: (1) unlawful taking of personal property belonging to another; (2) intent to gain; (3) use of violence or intimidation; and (4) commission of homicide by reason or on occasion of the robbery. The robbery must be the principal objective, and the killing incidental, with intent to rob preceding the taking of life. The homicide must relate to facilitating the robbery, escape, preserving possession of loot, preventing discovery, or eliminating witnesses.

Application of Law to Facts

The Court agreed that Balute pointed the gun at SPO1 Manaois, took his cellular phone, and fatally shot him. The eyewitness testimony of the victim’s wife and daughter was categorical, consistent, and untainted by ill motive, outweighing Balut

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