Title
People vs. Dela Cruz y Dacillo
Case
G.R. No. 148730
Decision Date
Jun 26, 2003
A 1999 bus holdup in Quezon City led to the robbery of passengers and the fatal shooting of an off-duty police officer. Accused-appellants, positively identified by witnesses, were convicted of robbery with homicide, with penalties modified to reclusion perpetua.

Case Summary (G.R. No. 148730)

Incident Overview

On the morning of July 13, 1999, a CFFTI passenger bus, after completing its usual route, picked up additional passengers at EDSA-Guadalupe. Among the new passengers were the accused-appellants and a plainclothes police officer, SPO1 Ebona. The robbery began when Salboro brandished a firearm and announced a hold-up, followed by the assailants demanding money and valuables from the bus driver and conductor, as well as other passengers. During the chaos, SPO1 Ebona was shot by the robbers.

Aftermath and Arrest

The bus driver, Terry Edma, managed to escape the situation and reported the incident to local authorities. Following the robbery, detectives from the Criminal Investigation and Detection Group (CIDG) began the process of identifying the suspects. Edma and the conductor, Antonio Dormitorio, later identified Dela Cruz, Salboro, and San Pedro from police photographs. Additional efforts led to the arrest of Dela Cruz and Gener on July 15, and Salboro and San Pedro on July 16, 1999.

Defense and Testimonies

During the trial, accused-appellants raised a defense of denial and alibi, claiming they did not know each other and were not involved in the crime. Each presented individual alibis which placed them away from the scene at the time of the robbery. However, the trial court found the testimonies of prosecution witnesses, Edma and Dormitorio, credible. The court emphasized the importance of firsthand accounts and the position of the witnesses during the incident, ultimately rejecting the defense’s claims.

Court’s Conclusion on Credibility

The court reiterated that the trial judge is best positioned to evaluate witness credibility, having observed their demeanor and account delivery directly. It upheld the trial court's findings and noted that the positive identification by Edma and Dormitorio, both victims of the crime, was decisive. The testimonies were consistent and corroborated each other regarding the events of the robbery and shooting.

Evidence of Robbery with Homicide

The prosecution successfully established the elements necessary for a conviction of robbery with homicide: the taking of property through violence or intimidation, the property belonging to another, intent to gain, and the commission of homicide occurring during the robbery. The court asserted that all participants in the robbery were culpable for the homicide, regardless of whether they directly inflicted the fatal wound, unless they attempted to prevent the crime.

Sentencing and Penalties

The original decision by the trial court imposed the death penalty on the accused-appellants, interpreting the crime as worthy of such severity due to the loss of life involved. However, under the 2000 Revised Rules on Criminal Procedure, the Supreme Court

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