G.R. No. 178205 ; July 27, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. LEO QUEMEGGEN and JANITO DE LUNA, Accused-Appellants.

FACTS

On October 31, 1996, appellants Leo Quemeggen and Janito de Luna, with two others, robbed passengers of a jeepney in Navotas. After the robbery, the victims reported the incident to the police. Officers responded and, while at the scene, chanced upon the perpetrators in a pedicab. The police arrested three suspects, including de Luna, but Quemeggen escaped. The arrested suspects were left under the guard of PO2 Emelito Suing while other officers pursued Quemeggen. The suspects then attacked Suing; de Luna held Suing’s hand while another suspect shot and killed him. All suspects fled. Quemeggen and de Luna were later arrested. They were charged with Robbery with Homicide. The Regional Trial Court convicted both as principals of the complex crime and sentenced them to reclusion perpetua.

ISSUE

Whether the appellants are guilty of the complex crime of Robbery with Homicide, or of separate crimes.

RULING

The Supreme Court modified the lower courts’ decisions, finding the appellants guilty of separate crimes. The legal logic hinges on the requirement for the complex crime of Robbery with Homicide that the killing must be committed by reason or on the occasion of the robbery. Here, the homicide was not a direct consequence of the robbery itself but was a separate act committed to escape arrest after the robbery had been consummated. The robbery was complete upon the taking of the passengers’ valuables and the perpetrators’ flight from the jeepney. The subsequent killing of PO2 Suing occurred when the police had already apprehended some suspects; it was an act of resisting arrest, not an integral part of the robbery. Therefore, the elements of the complex crime were not met. Consequently, Quemeggen was convicted only of Simple Robbery. De Luna, who actively participated in both the robbery and the subsequent attack on the police officer, was convicted of two separate crimes: Simple Robbery and Homicide. The penalties were imposed separately for de Luna. The Court ordered Quemeggen’s immediate release as he had already served the maximum penalty for robbery.