Title
People vs. De Jesus y Enrile
Case
G.R. No. 134815
Decision Date
May 27, 2004
A police officer delivering money was abducted, robbed, and killed by a group conspiring to steal $250,000; the appellant was convicted of robbery with homicide and sentenced to death.
A

Case Summary (G.R. No. 127753)

Procedural Posture

The Regional Trial Court (Makati, Branch 64) convicted appellant of robbery with homicide and sentenced him to death. The conviction was affirmed with modification by the Supreme Court in an automatic review of the RTC judgment. The case record includes arrests, witness statements, trial testimony, extrajudicial confessions, and documentary exhibits. Del Rosario pleaded guilty and testified; Manansala executed an extrajudicial confession but later died in detention. Nash was removed from the information by order of the Secretary of Justice.

Core Facts Established by the Prosecution

Prosecution evidence traces a planned robbery in which the conspirators expected SPO3 Ybasco to be carrying US$250,000 to the bank. On March 7, 1994, appellant, Manansala, Del Rosario and others used a Toyota Corolla (Plate TAX 732) owned by Nash. The three alighted, abducted Ybasco at the parking area, handcuffed him, and forced him into the car. A security guard, Roberto Acosta, intervened and was shot inside the parking area; Del Rosario testified he took Acosta’s .38 revolver (serial No. 172410) and shot Acosta in the mouth. The abductors sped to Cabuyao/Cabuyao sugar farm where appellant allegedly shot Ybasco in the right zygomatic region while the victim’s hands were still handcuffed; medico‑legal findings established a through‑and‑through gunshot wound of the head as cause of death. The expected US$250,000 was not found; only P5,000 (and P30 taken by Del Rosario) were removed from Ybasco.

Arrests, Witness Statements and Physical Evidence

Police investigation identified the getaway car and traced ownership and custody of the vehicle; Rolando Fajardo gave sworn statements that he turned over the car keys. Del Rosario was arrested and possessed Acosta’s revolver at arrest. Dela Rapa (a cigarette vendor and eyewitness) gave sworn statements and testified to seeing Ybasco forcibly placed into the white car and identified Del Rosario as Acosta’s assailant. Medico‑legal report and death certificate of Ybasco were introduced. Manansala executed an extrajudicial confession detailing the plan and roles. Del Rosario initially pleaded guilty and later testified to the events in an April 21, 1994 hearing; at a later trial date he gave inconsistent testimony but reaffirmed his earlier statements when presented with the transcript.

Charges and Information

Del Rosario and Manansala were charged by Information with robbery with homicide for abducting and taking property (including P5,000 and a .38 revolver) from SPO3 Ybasco and for the concomitant killing of Acosta. The Information alleged conspiracy among Del Rosario, Manansala, the appellant, Nash and an alias "Ton Ton." Del Rosario pleaded guilty and was sentenced to reclusion perpetua; Manansala pleaded not guilty and later died. Appellant was arrested November 20, 1995, arraigned on February 13, 1996, and pleaded not guilty.

Trial Evidence for the Prosecution

Prosecution relied principally on:

  • Del Rosario’s April 21, 1994 testimony (treated as a judicial confession when he pleaded guilty and answered court questions under oath), which detailed planning, roles, the abduction, the shooting of Acosta, the transport to Cabuyao, and appellant’s shooting of Ybasco.
  • Extrajudicial confession of Manansala describing planning and roles.
  • Witness statements and testimony of Dela Rapa and Juanito Mendoza corroborating the abduction and the shooting of Acosta.
  • Forensic/medico‑legal findings confirming Ybasco’s fatal gunshot wound.
  • Physical evidence including the stolen revolver in Del Rosario’s possession at arrest and the discovery of the getaway car and tampered plate.

Defense Evidence and Contentions

Appellant denied involvement, asserted alibi (driving his tricycle plying Pampanga routes and transporting a passenger, Silvina Lumba, between about 5:00–6:30 p.m. on March 7, 1994), and denied knowledge of Nash. He described strained relations with Del Rosario and argued Del Rosario had motive to implicate him. The defense introduced testimony from Silvina Lumba and other witnesses attesting to appellant’s tricycle operation and presence on March 7. Appellant also pointed to letters from Del Rosario allegedly recanting earlier accusations and argued extrajudicial confessions and certain affidavits were inadmissible hearsay or tainted.

Trial Court Findings and Supreme Court Review on Credibility

The trial court credited Del Rosario’s April 21, 1994 testimony and Dela Rapa’s statements, finding appellant guilty beyond reasonable doubt. On review, the Supreme Court carefully compared Del Rosario’s April 21, 1994 testimony (detailed, consistent, given under oath and affirmed) with his later inconsistent testimony in 1997. The Court accepted the April 1994 testimony as the truthful account: it was detailed, corroborated by independent evidence (possession of Acosta’s revolver, Dela Rapa and Mendoza’s statements, medico‑legal report), and Del Rosario had affirmed the earlier testimony as true and uncoerced. The Court applied precedents allowing a co‑conspirator’s testimony to be given full weight when candid, detailed, and corroborated.

Legal Elements of Robbery with Homicide Applied

The Court reiterated the elements required (taking with violence or intimidation, property belonging to another, animus lucrandi, and homicide by reason or on the occasion of the robbery) and noted that the intent to rob must precede the taking of life. The robbery and homicide need be consummated; the killing can occur before, during or after the taking, and need not be of the robbery victim. The Court found these elements satisfied: the abductors forcibly took property and humiliated the victim, the taking was for gain (targeting alleged US$250,000), and homicides of both Acosta and Ybasco occurred on the occasion of the robbery to facilitate escape, preserve possession, and eliminate witnesses.

Conspiracy and Principal Liability

Applying Article 8, RPC and jurisprudence, the Court found conspiracy proved by pre‑planning, division of tasks (appellant and Manansala to abduct and handcuff; Del Rosario as lookout), and coordinated acts. The Court emphasized that a conspirator need not participate in every detail; once conspiracy is shown, acts of one are acts of all and all are principals unless a conspirator clearly dissociated. Appellant’s flight and evasion after being informed he was wanted were weighed as indicia of guilt.

Assessment of Alibi and Denial Defenses

The Court found the alibi and denial weak: the alibi was uncorroborated in material respects, the defense witnesses were less persuasive in the face of direct, detailed testimony corroborated by independent evidence, and appellant’s flight undermined his credibility. The Court also rejected the contention that Del Rosario’s later letters and recantations eliminated the earlier reliable testimony.

Treachery, Aggravating Circumstance, and Penalty

The Court found treachery as aggravating: Ybasco was handcuffed and unable to defend himself when shot, a circumstance that made the killing treacherous. The use of a vehicle in committing the robbery was also noted as an aggravating circumstance, but the Information did not allege vehicle use as required by Section 8, Rule 110; the Court applied a retroactive favorable rule to the appellant (i.e., absence of the prosecutorial allegation for that aggravation). The Court applied RA 7659’s penalty range (reclusion perpetua to death) and, given the aggravating circumstance of treachery and absence of mitigating circumstances, affirmed the imposition of the death penalty.

Evidentiary Rulings: Judicial Confession and Extr

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