G.R. No. L-28547 - People vs. Jaranilla

Case Summary (G.R. No. L-28547)

Immediate Confrontation and Shooting

When ordered to alight, the occupants did not comply. Brillantes drew a revolver but did not fire; Suyo did nothing. Jaranilla suddenly shot Patrolman Jabatan, who later died from a penetrating bullet wound causing hemorrhage and shock. The truck then left the scene, Gorriceta driving it back to La Paz; the three accused disembarked in front of Gorriceta’s house and Gorriceta hid until the following morning, when he surrendered to police and recounted the events.

Property Loss and Identification

Valentin Baylon discovered a forced open coop and the loss of six fighting cocks from his chicken coops (tangkal or kulungan) located beside his house. He valued each cock at one hundred pesos (total six hundred pesos). A rooster was later recovered near the airport and identified by Baylon as one of the six stolen.

Charges, State’s Witness and Plea

Gorriceta was made a state witness and the case was dismissed as to him. Jaranilla, Suyo and Brillantes were charged with robo con homicidio (robbery with homicide) with aggravating circumstances: use of a motor vehicle, nocturnity, being a band, contempt of public authorities, and recidivism. The trial court convicted all three of robbery with homicide and sentenced each to reclusion perpetua, with indemnity awards to the victim’s heirs and to Baylon.

Procedural Issue on Promulgation and Appeal

Jaranilla escaped from provincial jail on February 2, 1967 before the promulgation of judgment against him; the record shows no promulgation as to him. Because judgment was not promulgated against Jaranilla, he had no right to appeal; an appeal filed in his name through counsel was therefore not entertained. Only the appeals of Suyo and Brillantes (whose judgments were promulgated and read in court on October 19, 1967) were considered.

Credibility Findings Regarding Driver and Shooter

The Court accepted Gorriceta’s testimony that he was driving the truck and that Jaranilla fired the fatal shot. The justifying rationale included (1) the truck belonged to Gorriceta and he had motive to preserve it, (2) no convincing proof Jaranilla could drive the truck, and (3) the defense theory that Gorriceta was drunk and thus either driving or the shooter was inherently inconsistent—if he were intoxicated he could not have deliberately shot accurately and the first shot did hit Jabatan. The Court also observed motive: Jaranilla had reason to prevent discovery of the stolen roosters.

Legal Issue: Robbery vs. Theft

The pivotal legal question was whether the taking of the six roosters amounted to robbery (with force upon things) under the Revised Penal Code articles or was theft. The trial court had treated the taking as robbery. The appellate analysis focused on whether the elements of robbery with force upon things were present—specifically, whether entry into a building or structure, or the other enumerated circumstances in Article 302, occurred.

Interpretation and Application of Article 302

Article 302 (robbery in an uninhabited place or private building) contemplates a structure or building within which the property is located and presupposes an act of entry or breaking into a building or receptacle enumerated by the statute. The Court analyzed the Spanish original and English translation and emphasized that the statute is directed at structures akin to houses or habitable buildings (not merely any enclosed object). Precedents show that where the object taken is outside or in a non-habitable structure, the taking is likely theft and not robbery.

Physical Characteristics of the Coop and Legal Consequence

Photographic evidence showed Baylon’s coop (tangkal/kulungan) was approximately five yards by one yard by one yard, divided into six small compartments each incapable of accommodating a person. The coops were raised on stilts, made of bamboo strips and wooden framework, and intended for poultry. The Court concluded the coop was not a building or habitable structure within the meaning of Article 302; it was a small receptacle suitable only for fowl. The taking was effected by opening the cage and inserting hands to remove the roosters. Consequently, the taking was theft and not robbery with force upon things.

Single Criminal Impulse and Number of Offenses

The Court found the defendants acted under a single common intent to steal the roosters; all three were co-principals in the theft. The theft of six roosters in the same place and occasion constituted one offense of theft (consistent with prior authority), not multiple counts.

Aggravating Circumstances and Penalties for Suyo and Brillantes

Nocturnity and use of a motor vehicle were recognized as aggravating circumstances that facilitated the theft. Suyo and Brillantes admitted prior convictions for theft, establishing recidivism. The value of the stolen property (six hundred pesos) placed the offense under Article 309(3) (theft value over 250 pesos). Because only aggravating circumstances were present, the penalty was prision correccional in its maximum period; as non-habitual recidivists they were entitled to indeterminate sentences under Act No. 4103. The Court accordingly reduced their convictions to theft and imposed an indeterminate sentence (six months arresto mayor minimum to four years and two months prision correccional maximum), ordered solidary indemnity of P500 to Baylon, and apportioned costs.

Homicide and Liability of Jaranilla

The shooting of Patrolman Jabatan was characterized as homicide (a spur-of-the-moment killing rather than treacherous homicide) and as a direct assault (atentado) upon an agent of authority in the performance of duty (Article 148), complexed with homicide by virtue of a single act. The evidence pointed to Jaranilla as the shooter. The Court concluded that the homicide and the theft did not stem from a unified conspiracy to kill; rather, the conspiracy related only to the theft. Since the theft was consummated independently of the killing, and there was no proof that Suyo and Brillantes participated in or conspired to effect the killing, they could not be held guilty of robbery with homicide or criminally responsible for the homicide by conspiracy. Jaranilla’s escape from custody after Gorriceta testified against him was treated as an admission by conduct rei

Case Syllabus (G.R. No. L-28547)

Court, Citation and Date

Decision of the Supreme Court, Second Division, G.R. No. L-28547, reported at 154 Phil. 516.
Date of decision: February 22, 1974.
Opinion by Justice Aquino; Justices Zaldivar (Chairman), Fernando, Antonio and Fernandez concur; Justice Barredo files a concurring opinion.

Parties and Role

Plaintiff and Appellee: The People of the Philippines.
Accused originally named: Elias Jaranilla, Ricardo Suyo, Franco Brillantes and Heman Gorriceta.
Defendants and Appellants on appeal: Elias Jaranilla, Ricardo Suyo, and Franco Brillantes (note: Gorriceta became a state witness and the case was dismissed as to him).

Nature of the Case and Charges

Original charge: Robo con homicidio (robbery with homicide) with aggravating circumstances of use of a motor vehicle, nocturnity, band, contempt of or with insult to the public authorities and recidivism (Criminal Case No. 11082).
Subject matter: Taking of six fighting cocks from Valentin Baylon’s coop and the killing of Patrolman Ramonito Jabatan during the incident.

Factual Background — Sequence of Events (Night of January 9–10, 1966)

About 11:00 p.m., January 9, 1966, Heman Gorriceta was driving a red Ford pickup truck belonging to his sister, Remia G. Valencia, in Iloilo City and was in front of the Elizalde Building on J.M. Basa Street.
Ricardo Suyo, Elias Jaranilla and Franco Brillantes hailed Gorriceta; Jaranilla requested a ride to Mandurriao to get something from his uncle’s place; Gorriceta initially demurred but was persuaded and drove them to Mandurriao.
Gorriceta parked about 50–70 meters from the provincial hospital. The trio alighted and walked toward the plaza.
After 10–20 minutes, the three reappeared, each carrying two fighting cocks; they returned to the truck and told Gorriceta to start because they were being chased.
Gorriceta drove back toward Jaro via the same route. Seating on the truck’s front seat (from driver’s left to right): Gorriceta (driver) — Suyo — Brillantes — Jaranilla (extreme right).
Near the Mandurriao airport detour road, Patrolmen Ramonito Jabatan and Benjamin Castro ran toward the truck. Jabatan fired a warning shot and signalled the truck to stop; Gorriceta slowed and stopped.
Jabatan approached the right side of the truck near Jaranilla and ordered all occupants to alight. They did not comply. Brillantes pulled his revolver but did not fire; Suyo did nothing; Jaranilla suddenly shot Patrolman Jabatan.
Gorriceta, frightened, started the truck and drove home to La Paz. Jaranilla continued firing at Jabatan. The three alighted in front of Gorriceta’s house; Gorriceta parked the truck inside the garage. Jaranilla warned Gorriceta not to tell anyone.
Gorriceta hid that night and surrendered to police the following morning at about 8:00 a.m., after counsel from his uncle; he was made a state witness and the case against him was dismissed.

Witnesses and Key Testimonies

Heman Gorriceta: driver of the truck; state witness; testified concerning pickup, route, seating positions, events leading to the shooting, and that Jaranilla shot Jabatan.
Victorino Trespeces: eyewitness who earlier saw three men emerging from a canal on Taft Street carrying roosters and reported this to Patrolmen Jabatan and Castro; followed truck and later helped bring wounded Jabatan to hospital.
Patrolman Benjamin Castro: together with Jabatan attempted to intercept truck; found Jabatan wounded and sought help from Trespeces.
Dr. Raymundo L. Torres: chief medico-legal officer who conducted autopsy on Patrolman Jabatan and described gunshot wounds and cause of death.
Valentin Baylon: owner of the fighting cocks; discovered broken coop door and missing six roosters on the morning of January 10, 1966; valued roosters at P100 each; later identified a recovered rooster at the airport as one of his.
Note: Jaranilla escaped from provincial jail on February 2, 1967 before defense presentation of evidence; record does not show apprehension.

Physical Evidence

Photographs of the chicken coops: Exhibits A and A-1.
One recovered rooster identified by Baylon: Exhibit B.
Exhibits I and J: documents of prior convictions admitted for Suyo and Brillantes (support recidivism allegation).

Autopsy Findings on Patrolman Ramonito Jabatan

Contusion on left eyebrow.
Bullet wound 1 cm in diameter penetrating left anterior axilla, direction diagonally downward to the right; perforated left upper lobe of lung, hit left pulmonary artery; bullet recovered in right thoracic cavity; both thoracic cavities were full of blood.
Cause of death: shock and hemorrhage secondary to bullet wound.

Procedural History and Appeals

Prosecution rested; Gorriceta used as state witness and case dismissed as to him.
Jaranilla escaped from custody (Feb 2, 1967); not returned to custody per record.
Judgment of conviction was promulgated and read in court to defendants Suyo and Brillantes on October 19, 1967; they signed the decision.
Notice of appeal filed by counsel de oficio erroneously included Jaranilla; because the judgment was not promulgated as to Jaranilla, his appeal cannot be entertained.
Only appeals of Suyo and Brillantes considered by the Supreme Court.

Trial Court’s Findings and Sentence

Trial court convicted Suyo, Jaranilla and Brillantes of robo con homicidio (robbery with homicide).
Sentenced each to reclusion perpetua and ordered solidary indemnity of P6,000 to heirs of Patrolman Jabatan and P500 to Valentin Baylon for the value of five fighting cocks.

Appellants’ Contentions on Appeal

Appellants (through counsel de oficio) argued:
- Gorriceta, not Jaranilla, fired the shot that killed Jabatan, and Jaranilla was driving the truck because Gorriceta was allegedly drunk.
- The taking of the roosters was theft, not robbery.
- Alternatively, if robbery was proven, the homicide occurred after the robbery was consummated and thus could not be robbery with homicide.

Supreme Court’s Credibility and Factual Findings (Driver and Shooter)

Court credited Gorriceta’s testimony that he was driving the truck and that Jaranilla shot Patrolman Jabatan.
Court found appellants’ theory (that Gorriceta shot Jabatan and Jaranilla drove because Gorriceta was drunk) improbable:
- Truck belonged to Gorriceta’s sister; Gorriceta had duty to preserve and return it; he was driving when he met the three men.
- No proof that Jaranilla knew how to drive a truck.
- If Gorriceta were intoxicated and had asked Jaranilla to drive, he would likely have been incapable of accurately firing the first shot that hit Jabatan.
- Jaranilla had motive to shoot because he and companions sought to conceal the roosters; therefore it was more plausible Jaranilla shot Jabatan.

Legal Analysis — Was the Taking Robbery or Theft?

Supreme Court examined applicability of Articles 294, 299 and 302 of the Revised Penal Code as relied upon by trial court.
Article 294: robbery with homicide — not applicable because there was no evidence of violence against or intimidatio