GR 197546; (March, 2015) (Digest)
G.R. No. 197546, March 23, 2015
People of the Philippines, Plaintiff-Appellee, vs. Bayani De Leon, Antonio De Leon, Danilo De Leon and Yoyong De Leon, Accused-Appellants.
FACTS
The accused-appellants, who are siblings, were charged with Robbery with Homicide for an incident on March 2, 2002, in Quezon City. The prosecution’s main witness, Erlinda Prasmo (wife of the victim Emilio Prasmo), testified that while walking with her husband and daughter-in-law, the accused-appellants blocked their path. Danilo, armed with a “sumpak,” hit Emilio with a metal object. Antonio, armed with a “samurai,” hacked Emilio on the forehead and struck him with a lead pipe. Danilo then took Emilio’s money (₱7,000) and shot him in the chest with the sumpak. Yoyong also hit Emilio with a lead pipe. During the attack, Bayani, armed with a gun, prevented anyone from helping by shouting warnings. Emilio died from his injuries. The defense presented an alibi and a claim of self-defense by Antonio, asserting that a prior mauling incident involving the victim’s family occurred the night before. Antonio claimed he grappled with Emilio over a sumpak, which accidentally fired during the struggle.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crime charged, and if the crime committed is Robbery with Homicide or Murder.
RULING
The Supreme Court affirmed the conviction for Murder but not Robbery with Homicide. The Court found the testimony of Erlinda Prasmo credible, direct, and convincing, despite minor inconsistencies. The elements of Murder were established, with treachery and abuse of superior strength present due to the sudden, coordinated attack by multiple armed assailants that rendered the victim defenseless. However, the robbery was not proven with the same level of certainty as the killing; the taking of money was deemed a mere afterthought, not the primary intent. Thus, the accused-appellants are guilty of Murder under Article 248 of the Revised Penal Code. They are sentenced to reclusion perpetua and ordered to pay the heirs of Emilio Prasmo ₱75,000 as civil indemnity, ₱75,000 as moral damages, and ₱30,000 as exemplary damages, all with 6% interest per annum from finality until fully paid.