G.R. No. 260731 . February 13, 2023.
People of the Philippines, Plaintiff-Appellee, vs. Edgardo Catacutan y Mortera alias “Batibot”, “Enzo” & “Gerry”, Accused-Appellant.

FACTS

The accused-appellant, Edgardo Catacutan, was charged with Robbery with Homicide. The information alleged that on September 24, 2007, in Quezon City, by means of violence and intimidation, he stabbed Alexander Tan Ngo several times and took various personal items and cash, causing Alexander’s death. The prosecution presented multiple witnesses. Security guard Alfredo Ortiz Koh testified that appellant visited Alexander at his apartment on September 24, 2007, at 6:00 p.m. and left the next day at 6:05 a.m. Robert John Ramos, Alexander’s classmate, testified that he and others discovered Alexander’s body on September 25, 2007. Mark P. Adalid, appellant’s friend, testified that during a drinking session in October 2007, appellant showed him a silver Sony cybershot digital camera containing images of Alexander, whom appellant referred to as “yung bading,” and confessed to killing him. Appellant narrated that after having sex with Alexander, who fell asleep, he got a knife, stabbed Alexander repeatedly when he resisted, slashed his neck, and then took his belongings. Appellant stated he was angry because Alexander paid him only PHP 500 instead of the agreed PHP 1,000. NBI Agent Valiant Raganit testified about the investigation and recovery of a knife. Police Chief Inspector Annalee Palima testified on the autopsy report indicating Alexander sustained 25 injuries from a sharp instrument. Gerry Ngo, Alexander’s brother, testified about text message exchanges with someone using the alias “Enzo” who offered to sell items matching those stolen from Alexander. The defense presented appellant, who denied the charge and claimed he was elsewhere during the incident. The Regional Trial Court convicted appellant. The Court of Appeals affirmed the conviction.

ISSUE

Whether the Court of Appeals correctly affirmed appellant’s conviction for Robbery with Homicide.

RULING

Yes, the Court of Appeals correctly affirmed the conviction. The Supreme Court found the appeal devoid of merit. The prosecution proved appellant’s guilt beyond reasonable doubt. The elements of Robbery with Homicide were established: (1) the taking of personal property with intent to gain, (2) by means of violence or intimidation against a person, (3) the property taken belongs to another, (4) the taking is characterized by animus lucrandi, and (5) on the occasion of the robbery or by reason thereof, homicide was committed. Appellant’s extrajudicial confession to Mark Adalid was corroborated by evidence of corpus delicti, including the security guard’s testimony placing appellant at the scene, the discovery of the body, the autopsy report, the recovery of the murder weapon, and the stolen items in appellant’s possession. Appellant’s denial cannot prevail over the positive and credible testimony of the prosecution witnesses. The qualifying circumstances of treachery, evident premeditation, and abuse of superior strength were not proven. The penalty was modified in accordance with Republic Act No. 10951 . Appellant was sentenced to reclusion perpetua and ordered to pay civil indemnity, moral damages, exemplary damages, and temperate damages to the heirs of Alexander Tan Ngo, with interest.