Case Summary (G.R. No. 86163)
Procedural Posture
Bienvenido Salvilla appealed the Regional Trial Court’s August 29, 1988 conviction for Robbery with Serious Physical Injuries and Serious Illegal Detention (Revised Penal Code Arts. 294(3), 267). The trial court imposed reclusion perpetua. The Supreme Court resolved the appeal on April 26, 1990 under the 1987 Constitution.
Facts of the Case
On April 12, 1986, Salvilla and three Canasares brothers conspired to rob the New Iloilo Lumber Company. Armed with homemade guns and a hand grenade, they took hostages—owner Severino Choco, his daughters Mary and Mimie, and employee Rodita Hablero—demanded P100,000 ransom, and initially obtained P20,000 (later clarified as P5,000 by defense). Negotiations ensued with police (Major Sequio) and Iloilo City OIC Mayor Rosa Caram, who delivered P50,000 via Hablero. The accused refused to free all hostages, prompting a police‐military assault that wounded Mimie and Mary Choco (Mary’s injuries necessitated amputation) and two perpetrators (Ronaldo and Reynaldo Canasares). Salvilla was also hit and eventually surrendered.
Legal Issue on Consummation of Robbery
Salvilla argued that, absent actual “asportation” or taking away of the money and property, the robbery was only attempted. He claimed neither he nor his co-accused physically removed the P5,000, wallet or watches, as those items remained on the office counter and were not recovered from their persons.
Court’s Analysis on Asportation
The Supreme Court reiterated that robbery requires a taking out of the owner’s possession without consent (asportation). Witness Rodita Hablero testified that Salvilla received cash from Choco inside a paper bag and that Simplicio Canasares took the wallet and watch. The Court emphasized that dominion and control—even momentary—complete the taking. Citing Philippine and U.S. precedents, it held that placing money in a bag on the counter before armed perpetrators suffices for a consummated robbery. Thus, the crime was consummated, not attempted.
Credibility of Witness Testimony
Salvilla challenged Hablero’s account, citing poor lighting and her employer status. The Court affirmed the trial court’s credibility findings: as a hostage present throughout, Hablero could observe events, and her testimony—despite minor omissions in prior statements—was reliable. The Supreme Court stressed deference to the trial court’s superior position in assessing witness credibility.
Mitigating Circumstance of Voluntary Surrender
The defense claimed voluntary surrender as a mitigating circumstance. The Court outlined the requirements for mitigation by surrender: no prior arrest, presentation to authority, and spontaneity. Since the accused yielded only after being surrounded by police and military forces, their surrender was neither voluntary nor spontaneous and thus not mitigating.
Complex Crime Analysis and Penalty Im
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Procedural History
- Criminal Case No. 20092, Regional Trial Court, Branch 28, Iloilo City
- Decision dated August 29, 1988: conviction for Robbery with Serious Physical Injuries and Serious Illegal Detention; each accused sentenced to reclusion perpetua with accessory penalties and costs
- Appeal filed by Bienvenido Salvilla alone
- Supreme Court: G.R. No. 86163; decision promulgated April 26, 1990
Charged Offenses and Information
- Offense: Robbery with Serious Physical Injuries (Art. 294(3), RPC) in conjunction with Serious Illegal Detention (Art. 267, RPC)
- Accused: Bienvenido Salvilla; Reynaldo, Ronaldo, and Simplicio Canasares
- Allegations: conspiracy, armed with guns and hand grenade, use of violence and intimidation
- Date & Place: April 12, 1986, New Iloilo Lumber Company, Iznart Street, Iloilo City
- Property taken: ₱20,000 cash; two men’s wrist watches; two ladies’ wrist watches; assorted jewelry (total value ₱50,000)
- Ransom demand: ₱50,000
- Victims: Severino Choco (owner), Mary Choco (serious injuries), Mimia Choco (minor, 15), Rodita Hablero (salesgirl)
- Aggravating circumstances: band; illegal possession of firearms and explosives
- Recovery: ₱20,000 cash; ₱50,000 ransom money; two men’s watches; two ladies’ watches; .38 revolver; live grenade
- Damage to company: ₱120,000
Facts of the Case
- Plan hatched two days prior; four accused entered lumber yard around noon
- Rodita intercepted on break; taken back to office; appellant pointed gun at Severino and his daughters
- Severino handed ₱20,000 in a paper bag; accused refused to leave
- Simplicio Canasares took Severino’s wallet and watch; all hostages held in office
- Around 2:00 PM hostages permitted to eat; accused also ate in turns
- Accused demanded additional ₱100,000 for release; Severino unable to comply (bank closed)
- Police (Major Sequio) and OIC Mayor Caram ne