Title
People vs. Romero y Asiado
Case
G.R. No. 138022
Decision Date
Aug 23, 2001
Three men robbed and killed Purita Luey in Quezon City; Romero convicted based on circumstantial evidence, alibi rejected, and damages awarded.
circumstantial evidence
revised rules of evidence
conviction

Case Summary (G.R. No. 138022)

Facts Leading to the Charges

At around 8:00 in the morning of October 15, 1991, Carlos Obal, a first cousin of Purita, testified that he went to the Lueys’ residence where he worked as a gardener. As he approached the gate, he saw three men—identified as Pedro Francisco, Romeo Romero, and Salvador Gregorio—hurriedly exiting the house, each carrying a bag. Obal later entered the residence and found Purita dead. He described that Purita’s hands and feet were bound with a telephone cord and that her body bore multiple stab wounds.

SPO2 Rodrigo Mendez, the investigating officer, testified that he received a report of a killing at the address given. When authorities arrived, Purita’s lifeless body was found lying in a pool of blood. Investigators observed a blood trail from the dining room to the living room. Purita’s neck was tied with telephone wire, and her hands were tied to a window grill. The house had been ransacked, with drawers forcibly opened, and the scene yielded two improvised ice pick scabbards found on a refrigerator and on a table near the kitchen.

Ping Yan Luey, Purita’s husband, testified that after he arrived later in the morning, he discovered multiple missing items. He reported that his Sony Betamax and adaptor, pieces of jewelry, and sums of money in both Philippine and United States currencies were missing. He produced receipts for funeral and burial expenses and stated that the estimated total of missing valuables and cash was P75,000.00.

Medical Evidence of the Cause of Death and the Weapon

Dr. Dario Gajardo conducted the autopsy on October 20, 1991. He reported that Purita sustained numerous stab wounds and contusions, including ligature marks around both wrists. He concluded that the cause of death was cardio-respiratory arrest due to shock and hemorrhage secondary to multiple stab wounds in the trunk. Dr. Gajardo testified that Purita had 30 stab wounds, with six fatal wounds involving the lungs and heart. Based on the nature of the injuries, he opined that the instrument was pointed with no edges, “much like an ice pick.”

Police Investigation and Extrajudicial Admission

Police officers traced suspicion to Pedro Francisco, who was the first to be apprehended. On October 19, 1991, SPO2 Geronimo Estacio received an information from an informant that Francisco, Romeo Romero, and Salvador Gregorio were responsible and that they could be found at No. 86 Kaingin Road. Estacio and companions went to the location and, with assistance from a barangay official, found Pedro Francisco sleeping on a bench. Francisco voluntarily accompanied the police to PNP Station 1 in La Loma, Quezon City, where, during transit, Francisco admitted his participation. Estacio further testified that Francisco pointed to Romeo Romero and Salvador Gregorio as his companions in committing the crime.

On October 21, 1991, Francisco led the police to a place in Malinta, Valenzuela where Romeo Romero and Salvador Gregorio were allegedly hiding. Although the suspects were not located, the police recovered a Sony Betamax and adaptor. These items were later identified in court by Ping Yan Luey as items missing after Purita’s death.

On October 22, 1991, Francisco expressed willingness to give a statement. After being apprised of constitutional rights, Francisco was brought to the Integrated Bar of the Philippines (IBP) Office in Quezon City where he was referred to Atty. Florimond Ross. The lawyer asked Francisco to execute a formal request for legal representation. After Atty. Ross conferred with Francisco and explained the legal consequences of a confession, Francisco affirmed willingness to confess. SPO2 Mendez again informed him of constitutional rights. The statement was taken in the presence of Atty. Ross and was later subscribed to by Francisco, Atty. Ross, and SPO2 Mendez. In that extrajudicial statement, Francisco admitted involvement not only in the killing of Purita but also in the robbery, and he identified Romeo Romero and Salvador Gregorio as companions.

Evidence Connecting Romeo Romero to the Crime

The prosecution evidence against Romeo Romero comprised, in the trial court’s assessment, an interlocking set of circumstances. First, the trial court treated Francisco’s extrajudicial confession as valid for purposes of establishing conspiracy and corroborating other evidence, despite the general rule that a confession is not admissible against co-accused as evidence of guilt. Second, the autopsy results and the testimony of Dr. Gajardo supported the use of a pointed instrument like an ice pick, which the police had recovered in the form of improvised scabbards. Third, the police recovered a black bullcap bearing the letter “E” (Exh. EE) from the crime scene, supporting Francisco’s statement that Romeo wore a black cap with a red letter marking. Fourth, Carlos Obal positively identified Romeo Romero as one of the three men hurriedly leaving the residence in the time window of the incident and carrying a bag, even though Obal did not personally witness the killing and robbery.

The trial record showed that Francisco’s extrajudicial statement contained detailed descriptions of the manner in which Purita was attacked and restrained, the role of Romeo Romero in stabbing, and the role of Salvador Gregorio in binding and dragging Purita. Francisco’s account also described that they took a Betamax and adaptor which were later placed in a bag and taken away.

Trial Court Conviction and the Appeal

The Regional Trial Court, Branch 100, Quezon City convicted Romeo Romero of robbery with homicide under Art. 294, par. 1 of the Revised Penal Code and sentenced him to reclusion perpetua. It ordered him to indemnify Purita’s heirs with amounts including P65,000.00 as value of stolen jewelry, P50,000.00 as indemnity for death, and P46,000.00 for funeral and burial expenses, plus costs of the suit.

On appeal, Romeo Romero raised two issues: first, that the prosecution evidence was allegedly insufficient because no one allegedly witnessed the perpetration and the evidence was merely circumstantial; and second, that the conviction for the charged offense was erroneous.

The Parties' Arguments on Sufficiency of Evidence

Romeo Romero contended that no person actually witnessed the perpetration and that the prosecution relied on circumstantial evidence that did not meet the quantum of proof beyond reasonable doubt. The defense also challenged the reliability and impact of the prosecution’s evidence.

The prosecution relied on a chain of circumstantial circumstances and corroboration derived from Francisco’s confession, the medical findings, the recovery of evidence consistent with the confession, and Obal’s identification of Romeo Romero as one of the persons leaving the residence shortly after the crime.

Legal Basis and Reasoning on Criminal Liability

The Court held that the defense’s challenge to credibility and sufficiency failed. The Court acknowledged that conviction may rest on circumstantial evidence if the prosecution shows multiple circumstances; the facts from which the inferences are derived are proven; and the combination produces conviction beyond reasonable doubt under Rule 133, Sec. 4 of the Revised Rules of Evidence.

In evaluating the prosecution’s circumstances, the Court upheld the trial court’s conclusion that moral certainty of guilt existed. It first sustained the admissibility of Francisco’s extrajudicial confession insofar as it established the existence of conspiracy, explaining that while the confession cannot be used against co-accused as direct proof of guilt because it is hearsay, it may be used as corroborative evidence of conspiracy. The Court referred to the principle in People v. Aquino, noting that for corroboration there must be other circumstantial evidence that, taken together with the confession, establishes guilt beyond reasonable doubt.

The Court then affirmed that the confession’s detailed narrative of the participation of Romeo Romero and the restraint and stabbing of Purita cohered with other evidence. The medical findings established multiple stab wounds and a cause of death consistent with stabbing, and Dr. Gajardo’s explanation that the weapon was pointed and likely ice-pick shaped supported the police finding of improvised ice pick scabbards. The Court also found that the recovery of Romeo’s black bullcap from the scene corroborated the confession’s account of the cap Romeo wore.

As to identity, the Court held that positive identification may be based not only on a witness who sees the act of commission but also on a witness who sees the accused among those last seen with the victim immediately before and right after the occurrence. It credited Obal’s testimony that Romeo Romero was among the three men who hurriedly left the residence carrying a bag on the day of the crime. Considering that Francisco admitted being at the Lueys’ residence around 8:00 in the morning and Obal observed the men leaving around the same time, the Court concluded that the presence of Romeo Romero at the scene at the relevant time window was supported.

The Court found no reason to doubt Obal’s testimony. It observed that the defense offered bare denial and an assertion of alibi, but it ruled that alibi cannot prevail over clear and positive identification by prosecution witnesses. The Court further noted that the defense did not present any witness to corroborate Romeo Romero’s claim that he and his family attended a barrio fiesta at the time of the incident. It also found inconsistency in the defense’s alibi: testimony indicated that the barrio fiesta of Barangay Del Rosario was observed on October 6–7, while the town fiesta of Pilar was on October 11–12, not October 15. The Court added that Romeo Romero’s reported address matched that of Pedro Francisco and that their houses were located in the same squatter’s area, reinforcing Obal’s account that he had earlier seen Romeo Romero in Francisco’s house and thus undermin

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