G.R. No. L-36461 - People vs. Dio

Case Summary (G.R. No. L-36461)

Factual Background

At about noontime on July 24, 1971, Crispulo P. Alega, a civil engineer, went to fetch his companion, Remedios Maniti, at Southeastern College in Pasay City and thereafter proceeded with her to the Pasay City Public Market. While ascending the stairs to the Teresa and Sons Restaurant, two men accosted them; one man later identified as Danilo Tobias allegedly twisted Alega's neck while the appellant was said to hold Alega's hands. The assailants attempted to take Alega's Seiko wrist watch, but the victim resisted. During the struggle the companion stabbed Alega on the left chest. Alega fled down the stairs, fell in front of the Pasay Commercial Bank and expired with the Seiko watch still on his wrist. Remedios Maniti testified as an eyewitness to these events.

Medical and Autopsy Findings

A necropsy performed by Dr. Ricardo Ibarola established that the cause of death was a stab wound in the left inframammary region that penetrated the pericardium and perforated the left ventricle of the heart. The necropsy report detailed multiple abrasions and incised wounds and described a penetrating stab wound approximately eleven centimeters in depth which traversed the intercostal muscles, entered the mediastinum, and injured the heart, findings consistent with a single-bladed pointed instrument.

Arrest and Extrajudicial Statement

The appellant was arrested October 24, 1972, and executed an extrajudicial statement, marked Exhibit D, before Patrolman Arturo Rimorin. In that statement the appellant admitted that he and his companion held up a man and a woman, that they failed to secure the wrist watch, that the appellant held the victim's hands, that the co-accused Danny Kulot stabbed the victim, and that both then fled. At trial the appellant later asserted that Exhibit D was the product of intimidation and physical maltreatment; Patrolman Rimorin testified that Exhibit D was executed voluntarily, that its contents were read to the appellant in Tagalog, and that the appellant understood and signed it.

Trial Court Proceedings

Hernando Dio pleaded not guilty at arraignment. After trial the Circuit Criminal Court found the appellant guilty beyond reasonable doubt of robbery with homicide as defined under Article 294 of the Revised Penal Code and sentenced him to suffer the penalty of death; the court also ordered indemnity to the heirs of the victim in the amount of P12,000, moral damages of P10,000, exemplary damages of P10,000, and the payment of costs.

Defense Counsel's Position and Assignments of Error

Appointed counsel, Atty. Luis R. Feria, reviewed the evidence and acknowledged the trial court's credibility determinations but raised two principal assignments of error. First, counsel argued that the conviction for robbery with homicide was erroneous because the robbery was not consummated and was at most attempted, given that the Seiko watch remained on the victim at death. Second, counsel contended that, even if robbery with homicide were established, the imposition of the death penalty was improper because the information did not allege any aggravating circumstance and none was proven at trial. Counsel also addressed voluntariness of the appellant's extrajudicial statement and urged deference to trial court credibility findings.

Prosecution's Position on Appeal

The Solicitor General conceded material points advanced by the defense. The prosecution agreed that the evidence showed the assailants did not succeed in taking the victim's wrist watch and that the killing occurred on the occasion of an attempted or frustrated robbery. The Solicitor General also concurred that the prosecution did not prove the existence of any aggravating circumstance attendant to the crime.

Issues Presented

The principal issues were whether the homicide occurred in the perpetration of a consummated robbery so as to sustain conviction under Article 294, or whether the facts established only an attempted robbery with homicide subject to Article 297; and, relatedly, whether any aggravating circumstance was proven to justify the death penalty.

Ruling of the Court

The Court scrutinized the record and concluded that the homicide was an offshoot of an attempted or frustrated robbery because the Seiko watch remained on the victim at the time of death. Accordingly, the Court held that the applicable provision was Article 297 of the Revised Penal Code, not Article 294, and that no aggravating or mitigating circumstance attended the commission of the offense. Applying Article 297 and the Indeterminate Sentence Law, the Court modified the judgment of the trial court. The appellant was found guilty beyond reasonable doubt of the special complex crime of attempted robbery with homicide and was sentenced to suffer an indeterminate penalty of ten years and one day of prision mayor as minimum to twenty years of reclusion temporal as maximum. The Court ordered the appellant to indemnify the heirs of Crispulo Alega in the amount of P30,000.00 and to pay one-half of the costs.

Legal Basis and Reasoning

The Court's reasoning rested on the factual determination that the robbery was not consummated because the wrist watch remained on the victim, thereby bringing the case within

Case Syllabus (G.R. No. L-36461)

Parties and Procedural Posture

The People of the Philippines prosecuted an information originally filed on October 1, 1971 charging robbery with homicide arising from an incident on July 24, 1971.
Hernando Dio was named as a defendant by amendment of the information on December 7, 1971 and pleaded not guilty at arraignment.
The defunct Circuit Criminal Court, 7th Judicial District convicted Hernando Dio of robbery with homicide under Art. 294 of the Revised Penal Code and sentenced him to death, to indemnify the heirs P12,000, to pay moral damages P10,000 and exemplary damages P10,000, and to pay costs.
The judgment was subject to automatic review by the Court en banc.
Counsel de oficio admitted the factual sufficiency for conviction but assigned errors contesting the classification of the offense and the imposition of the death penalty.

Key Facts

On July 24, 1971 at about noontime the victim, Crispulo P. Alega, was with his companion, Remedios Maniti, when the assault occurred at the Pasay City Public Market.
Remedios Maniti testified that one assailant later identified as Danilo Tobias twisted the victim’s neck while the appellant held the victim’s two hands.
The assailants attempted to take the victim’s Seiko wrist watch, but the watch remained strapped to the victim’s wrist at the time he fell and expired.
The victim sustained a fatal stab wound below the left breast which penetrated the heart as established by autopsy and necropsy reports.
The appellant was arrested on October 24, 1972 and gave an extrajudicial statement admitting that he and his companion held up a man and a woman, that he held the victim’s hands, that his companion stabbed the victim, and that they did not secure the wrist watch.

Trial Evidence

The prosecution offered the eyewitness testimony of Remedios Maniti, who described the altercation and identified the assailants’ respective actions.
The prosecution introduced an autopsy report and necropsy findings by NBI medico-legal personnel showing a stab wound penetrating the left ventricle of the heart.
The prosecution produced the extrajudicial written statement of the appellant, marked as Exhibit D, which Patrolman Arturo Rimorin testified was read to the appellant in Tagalog, voluntarily executed, and understood by the appellant.
Sgt. Geronimo de los Santos testified to an oral admission by the appellant that he held the victim’s hands during the incident.
The appellant later claimed duress in executing Exhibit D, but the cla