GR 140756; (April, 2003) (Digest)
G.R. No. 140756 ; April 4, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN GONZALES ESCOTE, JR. and VICTOR ACUYAN, accused-appellants.
FACTS
Accused-appellants Juan Gonzales Escote, Jr. and Victor Acuyan were charged with the complex crime of robbery with homicide. The prosecution established that on September 28, 1996, the appellants boarded a passenger bus. While the bus was in transit, they announced a holdup, fired shots to intimidate passengers, and proceeded to rob them. Among the passengers was SPO1 Jose C. Manio, Jr., a police officer. Upon discovering his identity, the appellants disarmed him. Despite his pleas for mercy, citing his family, they shot him multiple times, resulting in his death. The appellants then ordered the driver to continue and later alighted. The incident was reported to authorities, and the appellants were subsequently apprehended.
The Regional Trial Court convicted the appellants of robbery with homicide and sentenced them to death. The case was elevated to the Supreme Court for automatic review. The appellants challenged their conviction, arguing, among other things, that the aggravating circumstance of treachery could not be appreciated in the complex crime of robbery with homicide, as it is a crime against property.
ISSUE
Whether the generic aggravating circumstance of treachery can be appreciated in the complex crime of robbery with homicide to justify the imposition of the death penalty.
RULING
Yes, treachery can be appreciated as a generic aggravating circumstance in robbery with homicide. The Supreme Court affirmed the conviction but modified the penalty. The Court explained that while robbery with homicide is classified as a crime against property, the homicide component is a crime against persons. Treachery, which qualifies the killing in crimes against persons, can therefore be considered as a generic aggravating circumstance for the complex crime as a whole. The essence of treachery is the deliberate adoption of means of execution that ensure the safety of the offender from any defensive or retaliatory act by the victim. In this case, the evidence clearly established treachery: the victim, SPO1 Manio, was already disarmed and was pleading for his life when the appellants shot him multiple times at close range, giving him no opportunity to defend himself. This manner of attack was deliberate and ensured the execution of the killing without risk to the appellants. Consequently, the presence of this generic aggravating circumstance warranted the imposition of the supreme penalty. However, in light of Republic Act No. 9346 , which prohibits the death penalty, the Court imposed the penalty of reclusion perpetua without parole. The awards for damages were also modified in accordance with prevailing jurisprudence.