Case Summary (G.R. No. 81510)
Parties and Roles
Petitioner: People of the Philippines
Respondent: Rolando Pineda y Manalo
Key Dates
• October 15, 1997 – Alleged robbery with homicide on an air-conditioned bus in Caloocan City
• January 21, 2000 – RTC Caloocan Branch 127 decision convicting Pineda
• May 27, 2004 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (presumption of innocence)
• Revised Penal Code, Article 294 (robbery with homicide, aggravated by “by a band”), as amended by RA 7659
• Rules on photographic identification and standards for eyewitness testimony
Criminal Information
Appellant was charged with highway robbery resulting in homicide. The information alleged that on October 15, 1997, Pineda and five companions, armed with firearms, forcibly boarded a Dreamline bus, staged a hold-up, robbed passengers and crew, and shot the victim SPO1 Fuensalida, causing his death.
Prosecution’s Version of Facts
On the evening of October 15, 1997, Ferrer was driving a bus along Quirino Highway when Pineda, seated near conductor Ramos, pulled a gun on Ferrer’s nape, announced the robbery, and ordered the passengers to bow their heads. The robbers divested passengers and crew of cash and valuables. A struggle ensued when victim Fuensalida grappled for his service revolver; Pineda allegedly ordered his cohorts to shoot, and six shots were fired. The bus stopped, all perpetrators alighted, and the mortally wounded Fuensalida was left on the floor. Police recovered shell casings and slugs, conducted medico-legal examination confirming multiple fatal gunshot wounds, and identified Pineda and co-accused via witness statements and out-of-court photographic IDs.
Police Investigation and Identification
• On the night of the incident, Ferrer and Ramos gave sworn statements but Ramos initially could not identify any assailant.
• Months later, Ferrer identified Pineda and co-accused Sison from mug shots. Only two photographs were shown, creating an impermissibly suggestive procedure.
• Ocular inspection of the bus and medico-legal autopsy corroborated the homicide element.
Defense’s Version and Alibi
Pineda testified he worked at a private residence all day, was paid and went home before the alleged crime, then socialized near his contractor’s home until 9 p.m. Lillian Tan corroborated his presence at the job site and subsequent movements. Efren Quiton recounted that police in Bulacan never implicated Pineda at the time. Co-accused Colet, acquitted by demurrer to evidence, testified he was a passenger, saw the robbery but did not see Pineda among the six perpetrators, and identified the real assailants by name and weapon.
Trial Court’s Findings and Sentence
The RTC found Ferrer’s and Ramos’s in-court testimonies credible, held that robbery with homicide under RPC Article 294 applied (not PD 532), and convicted Pineda of robbery with homicide “by a band.” Pineda was sentenced to death (subsequently commuted under RA 7659), ordered to pay civil indemnities and damages, and to return stolen cash. Colet was acquitted; warrants issued for two co-accused still at large.
Errors Assigned on Appeal
Appellant contended that the trial court erred in:
- Accepting positive identification by Ferrer and Ramos despite inconsistencies and suggestive procedures.
- Disregarding Colet’s testimony proving Pineda’s absence from the crime scene.
- Rejecting the alibi defense.
Standard of Review
While trial court findings on witness credibility are generally accorded deference, they yield when the prosecution fails to establish guilt beyond reasonable doubt, or the trial court overlooked facts that would materially affect the outcome.
Analysis on Identity of Perpetrator
The Supreme Court applied the totality-of-circumstances test for photographic identification, considering: opportunity to observe, attention, prior descriptions, certainty, intervening time, and suggestiveness.
• Only two mug shots were shown to Ferrer, improperly focusing attention.
• Ferrer had limited opportunity to see the assailant’s face: he was forced to look forward, threatened with a gun at
Case Syllabus (G.R. No. 81510)
Facts of the Case
- On October 15, 1997 at about 7:00 p.m., six armed men boarded the “Dreamline Aircon” bus on Quirino Highway, Caloocan City, which was carrying some 50–60 passengers.
- The assailants, led by Rolando Pineda, displayed firearms, closed the windows and curtains, forced passengers to bow their heads, and intimidated driver Camilo Ferrer and conductor Jimmy Ramos.
- The robbers systematically stole cash and valuables (including P5,700 from Ramos and P1,000 from Ferrer), then a passenger—SPO1 Arnel Fuensalida—struggled with one of the malefactors.
- In response, Pineda shouted “TIRAHIN NA, PATAYIN NA,” and six shots rang out; Fuensalida was mortally wounded and died shortly thereafter.
- The robbers alighted at Sampaguita Street, Caloocan City, taking Fuensalida’s service revolver; the victim’s body was later found inside the bus.
Charge and Information
- April 21, 1998: Information filed in RTC, Caloocan City, Branch 127, charging Pineda and co-accused Celso Sison, Victor Colet, Totie Jacob, John Doe and Peter Doe with “Highway Robbery resulting in Homicide” in violation of P.D. No. 532.
Arrest and Arraignment
- Pineda arrested on September 5, 1998; detained from September 8, 1998 for unrelated cases (Crim. Case Nos. 54650 & 54651).
- May 24, 1999: Pineda arraigned; pleaded not guilty.
- September 27, 1999: Colet arraigned; pleaded not guilty.
- Other accused remained at large.
Prosecution’s Evidence
- Six witnesses: victim’s widow Amalia Fuensalida; driver Camilo Ferrer; conductor Jimmy Ramos; PO3 Napoleon Andaya; PO3 Celerino Susano; Medico-Legal Officer Dr. Ma. Cristina Freyra.
- Ferrer and Ramos recounted Pineda’s role in commanding the hold-up, poking a gun at Ferrer’s nape, and overseeing the robbery.
- Crime scene inspection recovered two slugs and two spent shells; bus driven to Urduja Police Station then Malaria and Urduja sub-stations for investigation.
- Dr. Freyra’s autopsy found six gunshot wounds (five fatal), one abrasion, one contusion; cause of death “hemorrhage secondary to multiple gunshot wounds.”
- Funeral expenses (P60,000) and victim’s monthl