Case Summary (G.R. No. 218130)
Factual Background
At around midnight of June 15, 2011, an intrusion occurred at the warehouse and office of Anna Leizel S. Abagat at McKinley Street, Poblacion, Binmaley, Pangasinan. The deceased, Reymark Salvador, a stay-in worker, and Ronel Fernandez y Dela Vega were sleeping in separate rooms within the premises. Fernandez opened the gate after someone knocked and allowed Hermie Paris y Nicolas and two companions to enter. The intruders proceeded to Salvador’s room where they stabbed him multiple times, causing his death, and then entered Anna’s office and removed cash and jewelry from a steel cabinet. Fernandez later informed the Abagats and the police of the incident.
Procedural History
An Information dated June 17, 2011 charged Paris and Fernandez with robbery with homicide in violation of Articles 293, 294 and 299 of the Revised Penal Code. Both accused pleaded not guilty at arraignment. The prosecution and defense stipulated to certain facts at pre-trial, including the identity of the accused and that Fernandez was a stay-in worker. Trial ensued before the RTC which convicted both accused of robbery with homicide on January 22, 2013 and imposed the penalty of reclusion perpetua, with awards of civil and moral damages and other relief. Both accused appealed to the Court of Appeals. The CA, by Decision dated July 21, 2014, affirmed with modification and adjusted the amounts of damages. Fernandez filed a notice of appeal to the Supreme Court.
Prosecution's Evidence
The prosecution presented police officers, a medical officer, the employer Anna, relatives of the victim, and an attorney who assisted at the police station. The prosecution relied on an extrajudicial confession executed by Fernandez at the police station, the testimony describing entry into the warehouse and office, the discovery of the destroyed locks and missing money and jewelry, the discovery of Salvador’s body, and the autopsy by Dr. Gladiola Manaois establishing multiple stab wounds and death from hypovolemic shock secondary to those wounds. The prosecution also offered testimony that Fernandez told Anna and the police that Paris and his companions took the missing items.
Defense's Evidence
Fernandez testified and denied participation in the conspiracy to rob and kill Salvador. He claimed that he opened the gate believing it was his employer, that Paris and his companions accosted and blindfolded him, that they threatened him and prevented him from intervening when Salvador was attacked, and that he only later informed the Abagats and the police. Fernandez further alleged physical coercion at the police station and that his extrajudicial confession was signed under duress and after incomplete explanation by counsel. Paris pleaded denial and alibi, asserting he was at home and then detained the day after the incident; his sister corroborated his presence at home.
Trial Court's Ruling
The Regional Trial Court found both accused guilty beyond reasonable doubt of the special complex crime of robbery with homicide and convicted them to suffer reclusion perpetua. The RTC admitted Fernandez’s extrajudicial confession as having been executed in accordance with constitutional requirements and used it to establish conspiracy and joint participation. The RTC also awarded civil indemnity, moral and exemplary damages, and temperate damages as part of its judgment.
Court of Appeals' Ruling
The Court of Appeals affirmed the RTC’s conviction but modified the award of damages. The CA reduced and reallocated some amounts, deleted the award of exemplary damages, and ordered interest at the legal rate of 6% per annum on all damages from finality of its Decision until fully paid. The CA concluded that the acts of Fernandez, viewed together with those of Paris and his companions, demonstrated concerted action and joint purpose.
Issue on Appeal
The principal issue before the Supreme Court was whether Fernandez was guilty of robbery with homicide, particularly whether his extrajudicial confession was admissible and whether the prosecution proved conspiracy and liability beyond reasonable doubt.
Admissibility of the Extrajudicial Confession
The Court applied the settled rule that an extrajudicial confession is admissible only if it is voluntary, made with the assistance of competent and independent counsel, express, and in writing, relying on the standard stated in People v. Penaflor and on Article III, Sec. 12, 1987 Constitution and Republic Act No. 7438. The Court found that Fernandez was not assisted by counsel at all times during custodial investigation because he was brought to the police station and questioned from about 6:00 a.m. onward without counsel until Atty. Franco C. Francisco arrived after 1:00 p.m. The Court also found that Atty. Francisco was not an independent counsel because he served as legal consultant to the municipal mayor, creating a conflict with the duty to protect the suspect’s rights. The Court therefore held the extrajudicial confession inadmissible.
Sufficiency of Circumstantial Evidence
Despite excluding the extrajudicial confession, the Court assessed whether the remaining circumstantial evidence established guilt beyond reasonable doubt. The Court reiterated the elements for conviction on circumstantial evidence under Section 4, Rule 133 of the Rules of Court and the doctrine in Dungo v. People and Espineli v. People: more than one circumstance, facts proven, and a combination that produces moral certainty and excludes reasonable doubt. The Court identified several inculpatory circumstances drawn from testimony, including that Fernandez and Paris were acquaintances; Fernandez opened the gate and admitted the persons; the intruders went directly to the victim’s room; the intruders did not harm Fernandez although they saw him; Fernandez directed them to Anna’s office; Fernandez did not intervene to assist Salvador; and Fernandez delayed informing his employers for several hours. The Court concluded that these circumstances formed an unbroken chain pointing to Fernandez and Paris as co-conspirators and authors of the robbery with homicide.
Conspiracy and Principal Liability
The Court invoked Article 8 of the Revised Penal Code and established doctrine that when a conspiracy to commit a felony exists, the act of one is the act of all. The Court cited precedent holding that when homicide occurs by reason or on the occasion of robbery, all principals in the robbery are liable for the single and indivisible felony of robbery with homicide unless it clearly appears that some endeavored to prevent t
...continue reading
Case Syllabus (G.R. No. 218130)
Parties and Procedural Posture
- PEOPLE OF THE PHILIPPINES was the plaintiff-appellee in the criminal prosecution for robbery with homicide.
- HERMIE PARIS Y NICOLAS was an accused convicted by the trial court and affirmed by the Court of Appeals.
- RONEL FERNANDEZ Y DELA VEGA was the accused-appellant who timely appealed to the Supreme Court.
- The Regional Trial Court of Lingayen, Pangasinan, Branch 69 convicted both accused of robbery with homicide and imposed reclusion perpetua.
- The Court of Appeals affirmed the conviction with modification of awarded damages.
- The Supreme Court reviewed the appeal and resolved the admissibility of the extrajudicial confession, sufficiency of the circumstantial evidence, conspiracy, and the proper measure and allocation of damages.
Key Facts
- The incident occurred at the warehouse and office of Anna Leizel Trading and Construction Supply at McKinley Street, Poblacion, Binmaley, Pangasinan, during the midnight of June 15 to early morning of June 16, 2011.
- The assailants forced entry into the office, broke the steel cabinet, and removed assorted jewelry allegedly worth P128,000 and cash amounting to P700,000.
- The victim, Reymark Salvador, a stay-in worker, sustained multiple stab wounds and died from hypovolemic shock secondary to the stab wounds according to the autopsy report.
- RONEL FERNANDEZ was a stay-in worker at the warehouse who admitted in various accounts that he opened the gate and later informed the employers of the killing, but he denied the voluntariness and truthfulness of his signed extrajudicial confession.
- HERMIE PARIS was alleged to have entered with two companions, to have participated in the search and removal of valuables, and to have gone to the victim’s room prior to the killing.
- Fernandez reported the incident to the employer only after several hours had elapsed, and Anna discovered the destroyed safety lock and missing valuables upon inspecting the office.
Charges
- The Information charged the accused with the special complex crime of robbery with homicide, pleading the offense as contrary to Article 293 in relation to Articles 294 and 299 of the Revised Penal Code, and alleging asportation of jewelry and cash and stabbing resulting in death.
- The prosecution pursued conviction under the rubric of Article 294 of the Revised Penal Code as amended, for robbery with homicide.
Trial Evidence
- The prosecution relied on testimony from police officers, the municipal health officer who performed the autopsy, the employer Anna Leizel S. Abagat, a relative of the victim, and production of the extrajudicial confession signed by RONEL FERNANDEZ.
- The autopsy report established multiple stab wounds as the cause of death.
- The extrajudicial confession was executed at the police station in the presence of Atty. Franco C. Francisco, Fernandez’s mother, and investigators, and was relied upon by the prosecution to establish conspiracy and participation.
- The defense presented testimony from FERNANDEZ, PARIS, and Alicia Paris, asserting coercion in obtaining confessions, denial of participation, and an alibi for PARIS supported by family testimony.
Ruling of the Regional Trial Court
- The RTC found the extrajudicial confession of RONEL FERNANDEZ admissible and voluntary and used it to prove conspiracy and guilt.
- The RTC convicted both accused of the special complex crime of robbery with homicide and imposed the penalty of reclusion perpetua on each.
- The RTC ordered the accused to pay jointly and severally the heirs of Reymark Salvador P75,000.00 as civil indemnity and P30,000.00 as moral or exemplary damages, as well as P25,000.00 as temperate damages for funeral and other expenses.
- The RTC ordered the accused to pay jointly and severally Anna Leizel Abagat P800,000.00 as actual damages.