G.R. No. 103497 . February 23, 1994.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BULALAYAO y DOMINGO and DIOSDADO DOMONDON y ECHALER, accused. DIOSDADO DOMONDON y ECHALER, accused-appellant.

FACTS

Accused Diosdado Domondon and Roberto Bulalayao were charged with Robbery with Homicide. The information alleged that on September 17, 1987, in Manila, they conspired to rob passengers of a jeepney by brandishing bladed weapons and announcing a hold-up, and on the occasion thereof, stabbed and killed Jaime Lim. The trial court convicted both accused of Robbery with Homicide and sentenced them to life imprisonment. Only Domondon appealed.
The prosecution evidence, as summarized from the records, established that on the night of the incident, Ofelia Lim and her brother Jaime, along with other passengers including Rodolfo Ungsod, were on a jeepney. Two men, later identified as Domondon and Bulalayao, boarded. Domondon, armed with a bladed weapon, shouted “This is a hold-up” and started collecting valuables from passengers while Bulalayao, also armed, threatened passengers from the running board. Jaime Lim resisted and fought Bulalayao, who then stabbed him. Bulalayao jumped out of the jeepney. As Domondon attempted to flee, Rodolfo Ungsod kicked him, causing him to fall onto the pavement. Jaime Lim was rushed to the hospital but died from his wounds.
At trial, Bulalayao initially claimed alibi but later recanted, took the stand again, admitted committing the crime, and absolved Domondon of any participation. Domondon testified that he himself was a victim of a hold-up by Bulalayao and another man earlier that night, and that he shouted “hold-up” upon seeing Bulalayao in the jeepney to attract attention.

ISSUE

Whether the trial court erred in finding accused-appellant Diosdado Domondon guilty beyond reasonable doubt of the crime of Robbery with Homicide.

RULING

The Supreme Court modified the decision of the trial court. It found that the prosecution failed to prove the consummation of the robbery, as the testimonies of prosecution witnesses Rodolfo Ungsod and Ofelia Lim established that no property was actually taken from the passengers. However, the evidence clearly established that an attempted robbery occurred, as Domondon commenced the felonious taking by brandishing a weapon and intimidating passengers, which was thwarted by Jaime Lim’s resistance leading to his death. The Court held that the crime committed was Attempted Robbery with Homicide under Article 297 of the Revised Penal Code, not consummated Robbery with Homicide. The Court rejected Domondon’s claim of being a victim and found his testimony inconsistent and unreliable, while affirming the trial court’s rejection of Bulalayao’s attempt to assume sole responsibility as an afterthought. The Court sentenced Domondon to an indeterminate penalty of ten (10) years and one (1) day of prision mayor maximum, to eighteen (18) years, eight (8) months and one (1) day of reclusion temporal maximum, and ordered him to indemnify the heirs of Jaime Lim.