GR 105008; (October, 1997) (Digest)
G.R. No. 105008 October 23, 1997
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMENCIANO VASQUEZ, accused-appellant.
FACTS
Accused-appellant Domenciano Vasquez was convicted by the Regional Trial Court of Danao City for the crime of Robbery with Homicide for the death of Tortillano Suplaag. The prosecution evidence established that on February 9, 1991, the victim, a farmer and livestock trader, agreed to meet Vasquez on February 12 in Magtagobtob, Danao City, to purchase a carabao. On that day, the victim, carrying P28,000.00 and wearing a Seiko watch, went with his brother-in-law, Julito Capuno, to the meeting place. They were ambushed by five armed men. Julito recognized Vasquez, who was about six meters away, shout “They are here. Do not run,” and then begin shooting the victim. Vasquez’s four companions also fired. Julito was shot in the thigh but escaped; the victim was killed. The victim’s body was later found near a creek, naked, with his wallet and watch missing. Vasquez presented an alibi, claiming he was at his farm in Anislagan with his uncle at the time of the incident.
ISSUE
The primary issue is whether the accused-appellant is guilty of the complex crime of Robbery with Homicide as charged, or of a lesser offense, considering the sufficiency of evidence for robbery and the absence of conspiracy allegations in the Information.
RULING
The Supreme Court modified the conviction. It found the prosecution failed to prove the robbery beyond reasonable doubt. While the eyewitness testimony of Julito Capuno was credible and established that Vasquez shot the victim, there was insufficient evidence that Vasquez or his companions took the victim’s money and watch. The mere fact these items were missing from the body does not conclusively prove robbery was committed. Consequently, the accused cannot be convicted of Robbery with Homicide. However, the evidence conclusively proves Vasquez committed homicide. The sudden armed attack on the unsuspecting victims constituted treachery, which was appreciated as a generic aggravating circumstance. Since the Information did not allege treachery to qualify the killing to murder, the crime is Homicide under Article 249 of the Revised Penal Code, aggravated by treachery. The Court sentenced Vasquez to an indeterminate penalty of ten (10) years and one (1) day of prision mayor maximum as minimum to twenty (20) years of reclusion temporal maximum as maximum, and ordered him to indemnify the victim’s heirs in the amount of P50,000.00.