GR L 74041; (July, 1987) (Digest)
G.R. No. L-74041 July 29, 1987
The People of the Philippines vs. Rogelio Ligon y Trias and Fernando Gabat y Almera.
FACTS
Accused-appellant Fernando Gabat was riding in a Volkswagen Kombi driven by his co-accused, Rogelio Ligon. While stopped at a traffic light, Gabat beckoned cigarette vendor Jose Rosales. As Rosales handed cigarettes to Gabat, the light turned green and the vehicle moved forward. The prosecution, through taxicab driver Prudencio Castillo who was following the Kombi, alleged that Gabat grabbed Rosales’s cigarette box, and when Rosales clung to the vehicle’s window, Gabat pried his hand loose, causing Rosales to fall. Rosales later died from his injuries. The defense presented a contrary version, claiming Gabat had paid for the cigarettes and that Rosales accidentally fell after failing to let go of the moving vehicle. The trial court convicted Gabat of Robbery with Homicide.
ISSUE
Whether the guilt of the accused-appellant for the crime of Robbery with Homicide was proven beyond reasonable doubt.
RULING
No. The Supreme Court acquitted Gabat of the criminal charge. The Court found the evidence for the prosecution insufficient to establish guilt beyond reasonable doubt. The testimony of the lone eyewitness, Prudencio Castillo, was deemed unreliable due to material inconsistencies with his prior sworn statement and the physical improbability of his account given his claimed vantage point. The Court ruled that the prosecution failed to prove the elements of robbery—that Gabat unlawfully took the cigarette box with intent to gain—and that this taking was the direct cause of Rosales’s death. However, applying Article 29 of the Civil Code, the Court held Gabat civilly liable. A preponderance of evidence established that Gabat, through fault and negligence, set in motion the chain of events leading to the victim’s death by calling him into a busy street, failing to ensure the transaction was safely completed, and not compelling the driver to stop after the accident. Gabat was ordered to indemnify the heirs of Rosales for death, hospital, and funeral expenses.