Title
People vs. Catacutan y Mortera
Case
G.R. No. 260731
Decision Date
Feb 13, 2023
Appellant convicted of Homicide and Theft after stabbing victim, stealing items; original intent to rob unproven, confession admissible as admission against interest.
robbery with homicide
separate convictions
intent to rob
A

Case Summary (G.R. No. 260731)

Factual Background

On September 24, 2007, appellant visited the rented room of Alexander Tan Ngo at PND Apartelle, 128 Araneta Avenue, Quezon City. Security guard Alfredo Ortiz Koh logged appellant’s arrival at 6:00 p.m. and his departure at 6:05 a.m. on September 25, 2007. Alexander’s body was discovered on the afternoon of September 25, 2007; the television and air conditioner were on and droplets of blood were observed. The autopsy disclosed twenty-five injuries, three of which were fatal, inflicted by a sharp instrument. Several of Alexander’s possessions were missing, including a Sony cybershot digital camera, a creative iPod, a cellphone, a bracelet, and cash.

Prosecution’s Evidence

The prosecution relied on Koh’s logbook entries and testimony identifying appellant as Alexander’s visitor; the testimony of Alexander’s classmates who found the body; the testimony of Mark P. Adalid, who recounted appellant’s detailed account of the killing and subsequent appropriation of property; recovery of a 9.5-inch kitchen knife from the bell trap of Alexander’s comfort room consistent with the autopsy’s sharp-force injuries; identification of photographs from the recovered digicam; and investigative testimony from NBI Agent Valiant Raganit and Police Chief Inspector Annalee Palima interpreting the medico-legal report. The prosecution also presented transcribed text messages and evidence of communications in which appellant used the names “Enzo” and “Gerry.”

Defense Case

Appellant denied the charge and asserted an alibi that he was with his live-in partner selling barbecue in Sta. Mesa on September 24–25, 2007. He challenged Mark’s credibility, alleging prior animosity and inconsistent accounts, and attacked Koh’s identification on grounds including lack of the original logbook, improbability of the guard’s continuous duty, and possible suggestion from contemporaneous affidavits. Appellant also noted that none of the stolen items were recovered from him.

Trial Court Ruling

The Regional Trial Court, Branch 101, found appellant guilty beyond reasonable doubt of Robbery with Homicide as charged, but concluded that the aggravating circumstances of evident premeditation, treachery, and abuse of superior strength were not proven. The trial court sentenced appellant to reclusion perpetua without eligibility for parole and ordered civil, moral, and exemplary damages of PHP 100,000.00 each, with legal interest.

Court of Appeals Ruling

The Court of Appeals affirmed. It held that the Information properly charged the special complex crime of robbery with homicide. The appellate court sustained the sufficiency of the circumstantial evidence, emphasizing Koh’s in-court identification and Mark’s narrated account as an independently relevant statement admissible notwithstanding the hearsay rule. The Court of Appeals thus upheld the conviction for robbery with homicide.

Issue on Review

The principal issue before the Supreme Court was whether appellant committed the special complex crime of Robbery with Homicide under Article 294, paragraph (1) of the Revised Penal Code, or whether the facts established separate crimes of homicide and theft.

Admissibility of Mark’s Testimony

The Supreme Court reviewed whether Mark’s recounting of appellant’s oral admission was admissible. The Court disagreed with the Court of Appeals’ characterization of Mark’s account as an independently relevant statement; rather, the Court treated the recitation as an admission against interest by the accused. Citing People v. Lobrigas and authorities construing Section 27, Rule 130, the Court explained that admissions by a party are admissible even if hearsay because the exclusionary rationale of the hearsay rule does not apply when the declarant is a party to the litigation. The Court applied the settled admissibility criteria: the statement concerned matters of fact, was categorical and definite, was made knowingly and voluntarily, and was adverse to appellant’s interest. The Court thus admitted Mark’s testimony as evidentiary proof of appellant’s out-of-court admission.

Findings of Fact Established by the Evidence

Weighing the totality of admissible evidence, the Court found the following established beyond reasonable doubt: appellant met Alexander, became “textmates,” entered Alexander’s unit on September 24, 2007, and was identified by the security guard as the visitor; appellant and Alexander had sexual relations; appellant retrieved a kitchen knife, stabbed Alexander repeatedly and slashed his neck to ensure death; appellant concealed the knife in the toilet bell trap and flushed his briefs; appellant thereafter rummaged through the unit and took personal items including a Sony cybershot digicam, iPod, cellphone, bracelet, and cash; appellant left the unit early morning of September 25; and appellant admitted the foregoing to Mark, stating a motive of anger after being paid only PHP 500.00 instead of PHP 1,000.00 for sex.

Legal Analysis — Robbery with Homicide versus Separate Offenses

The Court analyzed the fourth element of Robbery with Homicide—that homicide be committed by reason of or on occasion of the robbery—holding that the robbery must be the malefactor’s primary objective and that the intent to rob must precede the taking of life. Applying authorities such as People v. Casabuena, People v. Uy, People v. Salazar, and related precedents, the Court concluded that the evidence did not show appellant’s original design was robbery. Rather, the facts demonstrated that appellant killed Alexander first and took possessions thereafter as an apparent afterthought. The Court reasoned that appellant’s admitted motive—anger over inadequate payment for sex—supports that killing was not committed in furtherance of a pre-existing intent to rob. When robbery follows homicide as a mere incident of the latter, the crimes are distinct. Accordingly, the Court held that the proper characterization is separate offenses of homicide and theft, not the special complex crime of robbery with homicide.

Conviction for Homicide

The Court found all elements of Homicide under Article 249 proven: a person was killed; appellant caused the killing without justification; the intent to kill is presumed from the act; and no qualifying circumstances elevating the offense to murder were established. Aggravating circumstances alleged by the prosecution—treachery, evident premeditation, and abuse of superior strength—were not proven beyond reasonable doubt. The Court modified the penalty to an indeterminate sentence: minimum eight years and one day of prision mayor and maximum fourteen years, eight months and one day of reclusion temporal, pursuant to the Indeterminate Sentence Law. For civil remedies, the Court awarded PHP 50,000.00 as civil indemnity, PHP 50,000.00 as moral damages, and PHP 50,000.00 as temperate damages, all with six percent interest per annum from finality.

Conviction for Theft

The Court found appellant guilty of Theft under Article 308 in relation to Article 309 of the Revised Penal Code. The elements of theft were satisfied: appellant took personal property belonging to another, with intent to gain, without consent, and without violence or intimidation in the taking. The Court applied the presumption under Section 3(j), Rule 130 regarding

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