GR 111102; (December, 2000) (Digest)
G.R. No. 111102 ; December 8, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JAIME MACABALES y CASIMIRO, ABNER CARATAO y SANCHEZ, ROMANO REYES y COSME, MARCELINO TULIAO y AGDINAWAY, RENATO MAGORA y BURAC and RICHARD DE LUNA y RAZON, accused-appellants.
FACTS
On the evening of March 13, 1990, siblings Miguel and Eva Katigbak were waiting for a ride in Makati. A passenger jeepney approached, and its occupant, Jaime Macabales, grabbed Eva’s handbag. During the struggle for the bag, the jeepney stopped, and all accused-appellants alighted and accosted the victims. Miguel, skilled in martial arts, initially fought off some attackers. However, his arms were held by others, rendering him defenseless. Macabales then stabbed Miguel repeatedly in the chest. The group fled in the jeepney. Miguel was rushed to the hospital but died shortly after arrival. The accused were charged with Attempted Robbery with Homicide. The Regional Trial Court convicted appellants Jaime Macabales, Abner Caratao, Romano Reyes, Marcelino Tuliao, and Renato Magora, sentencing them to reclusion perpetua. The sentence for Richard De Luna, a minor, was suspended.
ISSUE
Whether the trial court correctly convicted the appellants of the special complex crime of Attempted Robbery with Homicide and properly appreciated treachery as a generic aggravating circumstance.
RULING
Yes, the conviction is affirmed. The Supreme Court upheld the finding that the appellants conspired to commit robbery, and the killing of Miguel Katigbak occurred by reason or on the occasion thereof, constituting the special complex crime of Attempted Robbery with Homicide under Article 297 of the Revised Penal Code. The Court found the prosecution evidence, particularly Eva Katigbak’s positive identification of the appellants, to be credible and sufficient to establish guilt beyond reasonable doubt. Conspiracy was evident from their collective actions in alighting from the vehicle, surrounding and assaulting the victims, and fleeing together after the stabbing.
Regarding treachery, the Court clarified that while it cannot qualify the homicide to murder within this special complex crime—as robbery with homicide is a single indivisible offense with its own penalty—it can be appreciated as a generic aggravating circumstance. The evidence showed that Miguel Katigbak was immobilized, with his arms held by his assailants, before he was stabbed, ensuring the execution of the attack without risk to the appellants. This manner of attack constituted treachery. As a generic aggravating circumstance, it was properly considered in the imposition of the penalty of reclusion perpetua. The appeal was dismissed, and the trial court’s decision was affirmed.