Title
People vs. Domondon y Echaler
Case
G.R. No. 103497
Decision Date
Feb 23, 1994
Two men attempted a jeepney robbery; one resisted, leading to a fatal stabbing. Despite unproven theft, the perpetrator was convicted of Attempted Robbery with Homicide.

Case Summary (G.R. No. 103497)

Original Charge and Trial Proceedings

Diosdado Domondon and Roberto Bulalayao were charged with Robbery with Homicide following an incident in which they allegedly conspired to rob passengers in a jeepney, resulting in the stabbing death of Jaime Lim. Upon arraignment, both accused pleaded not guilty. After a trial, the court found both guilty beyond reasonable doubt, sentencing them to life imprisonment and requiring them to pay damages to the heirs of Jaime Lim amounting to P50,000 and P1,500 as pecuniary damages.

Factual Background

On September 7, 1987, witnesses, including Jaime Lim and his sister Ofelia, were aboard a jeepney when Domondon, armed with a bladed weapon, announced a hold-up. Bulalayao also reportedly had a weapon and threatened passengers. During the robbery attempt, Jaime Lim resisted and was subsequently stabbed by Bulalayao. After the attack, Lim was taken to a hospital but succumbed to his injuries, with the cause of death determined to be severe hemorrhage from the stab wounds.

Defense Strategies

During the trial, both accused presented different defenses. Bulalayao claimed an alibi, stating he was driving a tricycle at the time of the incident. Domondon alleged he was a victim of another hold-up immediately before the jeepney incident, trying to distance himself from the robbery. Notably, Bulalayao later changed his testimony, admitting to committing the crime and indicating Domondon was not involved.

Appellate Review

Diosdado Domondon appealed the trial court's decision, arguing that the prosecution failed to prove the elements of robbery necessary for a conviction for Robbery with Homicide. He requested the court to modify the judgment to reflect a conviction for homicide instead, asserting that since the items stolen were not conclusively identified, the crime constituted an attempted robbery with homicide.

Prosecution's Arguments

The Solicitor General conceded that the evidence for consummated robbery was not sufficiently proven. However, it was argued that Domondon's conduct during the attempted robbery implicates him in an attempted robbery with homicide, as outlined in Article 297 of the Revised Penal Code. The prosecution contended that Domondon’s direct involvement in the perpetration of a violent crime established the requisite intent for a greater offense.

Court's Findings and Legal Principles

The court considered the testimonies of witnesses, the variance between the information filed and concrete evidence, such as the absence of personal belongings taken during the robbery. The decision referenced prior rulings, emphasizing that

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