Title
People vs. Cabbab, Jr.
Case
G.R. No. 173479
Decision Date
Jul 12, 2007
Appellant ambushed victims after a card game, killing two and attempting to kill a third; alibi and paraffin test failed to exonerate; convicted of Robbery with Homicide.

Case Summary (G.R. No. 173479)

Charges and Trial Origin

Cabbab, along with Segundino Calpito, was charged with double murder and attempted murder in relation to robbery. The prosecution alleged that during an ambush, Cabbab and Calpito attacked Winner Agbulos and Eddie Quindasan, resulting in Agbulos's immediate death and Quindasan's death shortly thereafter. They were accused of also attempting to kill a third victim, William Belmes, and stealing P12,000 from Agbulos.

Evidence Presented

During the trial, the prosecution called multiple witnesses, including a police investigator and relatives of the victims. Witness testimonies illustrated that after a poker game, the accused ambushed Agbulos and Quindasan, leading to their shooting. Belmes, present at the scene, witnessed the events unfold and later identified Cabbab as a perpetrator. The defense consisted of Cabbab testifying he was elsewhere at the time of the incident and claiming lack of relationship with the prosecution witnesses.

Trial Court’s Decision

The Regional Trial Court acquitted Calpito but found Cabbab guilty of robbery with double homicide and attempted murder. He was sentenced to reclusion perpetua for the homicides and a lesser sentence for attempted murder. The trial court also awarded damages to the victims' heirs.

Court of Appeals Modification

On appeal, the Court of Appeals modified the trial court's ruling, affirming Cabbab's conviction for robbery with homicide while overturning the separate conviction for attempted murder. The appellate court upheld the penalties imposed by the trial court but clarified the elements of the crime.

Appeal and Legal Analysis

Cabbab's appeal focused on the alleged insufficiency of identification by the prosecution witnesses, asserting they could not positively identify him as the shooter. However, the appellate court highlighted that such claims were contradicted by the direct observations of Belmes and Agbulos, who were able to clearly identify Cabbab due to their proximity and previous interactions with him.

Credibility of Witnesses

The Court found the testimonies credible as both witnesses had significant opportunities to observe the accused. The Court emphasized the natural instinct of victims to remember the faces of their attackers and denounced Cabbab's alibi, which did not eliminate the possibility of him being at the crime scene.

Robbery with Homicide Classification

The Court upheld the characterization of the crime as robbery with homicide under Article 294 of the Revised Penal Code, confirming that the taking of property was accompanied by violence resulting in homicides commi

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources.