Case Summary (G.R. No. 200571)
Facts of the Incident
On January 9, 1966, Gorriceta drove his sister’s Ford pickup in Iloilo City. He picked up Jaranilla, Suyo, and Brillantes and proceeded to Mandurriao, where the trio stole six roosters from Baylon’s coop without employing violence or intimidation against any person. They returned toward the city, carrying the birds. Near the airport detour, Patrolmen Jabatan and Castro signaled the truck to stop. Jabatan approached the right side; at that moment, Jaranilla, seated at the extreme right, shot and mortally wounded Jabatan. Gorriceta then drove the trio home.
Procedural History
Gorriceta was granted immunity as state witness; charges against him were dismissed. The Court of First Instance of Iloilo convicted Jaranilla, Suyo, and Brillantes of robbery with homicide, sentencing each to reclusion perpetua and ordering indemnity of ₱6,000 to Jabatan’s heirs and ₱500 to Baylon. Jaranilla escaped jail before judgment promulgation; only Suyo and Brillantes validly appealed.
Issues on Appeal
- Who drove the truck and who shot Patrolman Jabatan?
- Whether the taking of the roosters constituted robbery or theft.
- Whether the homicide was part of a single criminal design, rendering Suyo and Brillantes liable for robbery with homicide.
Court’s Findings on the Driver and Shooter
Crediting Gorriceta’s testimony, the Court affirmed that Gorriceta remained the driver and Jaranilla fired the fatal shots. The defense theory—that Gorriceta, allegedly drunk, handed driving to Jaranilla and then shot Jabatan—was deemed implausible given the accurate first shot and Gorriceta’s custodial responsibility for the truck.
Legal Distinction Between Robbery and Theft
Robbery requires violence or intimidation upon a person (Art. 294) or forcible entry into a building or dependency (Arts. 299, 302). The Baylon coop, a small bamboo-and-wood structure (“tangkal”), did not qualify as a building or inhabited house. No violence was used during the taking. Accordingly, the removal of the roosters was theft, not robbery.
Application of Aggravating Circumstances
The theft occurred at night (nocturnity) and employed a motor vehicle. Suyo and Brillantes admitted prior theft convictions (recidivism). Valued at ₱600, the offense is punishable under Article 309(3) by prisión correccional in its medium and maximum periods. Due to aggravating circumstances, the maximum penalty range applies: an indeterminate term of six months of arresto mayor as minimum to four years and two months of prisión correccional as maximum. Solidary indemnity of ₱500 to Baylon and one-third of costs each are imposed.
Liability for the Killing of Patrolman Jabatan
The Court characterized the killing as direct assault upon an agent of authority (Art. 148) complexed with homicide. Evidence proved solely that Jaranilla shot Jabatan on the spur of the moment, without
Case Syllabus (G.R. No. 200571)
Procedural Posture
- Appeal from the decision of the Court of First Instance of Iloilo (Criminal Case No. 11082) convicting defendants of robbery with homicide
- Each accused originally sentenced to reclusion perpetua and ordered to pay damages (₱6,000 to Jabatan’s heirs; ₱500 to Baylon)
- Heman Gorriceta’s case dismissed; he became a state witness
- Elias Jaranilla escaped before judgment promulgation; his appeal is non-existent for lack of promulgation
- Only Ricardo Suyo and Franco Brillantes’ appeals were considered by the Supreme Court
Material Facts
- January 9, 1966, around 11 p.m., Heman Gorriceta drove his sister’s Ford pickup in Iloilo City
- At J.M. Basa Street, Gorriceta picked up Jaranilla, Suyo and Brillantes, who requested transport to Mandurriao
- Trio alighted near Mandurriao provincial hospital; returned carrying two fighting cocks each
- Upon reboarding, Patrolmen Ramonito Jabatan and Benjamin Castro signalled the truck to stop on a detour road near Mandurriao airport
- Jabatan fired a warning shot; occupants refused order to disembark; Jaranilla shot Jabatan at close range
- Gorriceta panicked, drove home; appellants alighted and stashed the roosters in the garage
- Next morning, Gorriceta surrendered and recounted events to police
Testimonies and Evidence
- Gorriceta’s sworn narration placed Jaranilla as driver-passenger shooter; Suyo inactive; Brillantes brandished a revolver without firing
- Victorino Trespeces saw three men emerge from a canal, carry roosters, reported to Jabatan and Castro, and later heard shooting
- Dr. Raymundo L. Torres’ autopsy: single bullet wound through left lung and pulmonary artery; death due to shock and hemorrhage
- Valentin Baylon discovered six stolen cocks from bamboo-and-wood coop; valued at ₱100 each; identified one recovered rooster
Legal Issues
- Who operat