GR 198022; (April, 2014) (Digest)
G.R. No. 198022 , April 7, 2014
People of the Philippines, Plaintiff-Appellee, vs. Sonny Gatarin y Caballero @ “Jay-R” and Eduardo Quisayas, Accused, Eduardo Quisayas, Accused-Appellant.
FACTS
Accused-appellant Eduardo Quisayas and his co-accused Sonny Gatarin were charged with Robbery with Homicide for allegedly robbing and killing Januario Castillo on November 3, 2004, in Mabini, Batangas. The prosecution presented witnesses: Howel Umali, who saw the victim being mauled by two persons; SPO3 Gregorio Mendoza and PO1 Rogelio Coronel, policemen who saw two men running, later found the victim, and while transporting him to the hospital, heard the victim’s dying declaration that “Jay-R and his uncle” (identified as the accused) stabbed him; Dr. Catalino Rasa, who attended to the victim’s fatal wounds; and Maria Castillo, the victim’s wife, who testified she was informed her husband was robbed of ₱20,000. The defense was alibi, claiming appellant was in Muntinlupa City at the time, which was rebutted by a witness placing him in Mabini. The Regional Trial Court convicted appellant of Robbery with Homicide and sentenced him to reclusion perpetua, which the Court of Appeals affirmed.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of Robbery with Homicide.
RULING
The Supreme Court modified the lower courts’ decision. It found the prosecution failed to prove the robbery conclusively. The testimony of Maria Castillo regarding the taking of ₱20,000 was based on hearsay (“I was informed by the nurse… that my husband was… robbed”). The policemen’s testimonies did not establish the fact of robbery, only the victim’s statement about being stabbed. Since the robbery was not proven as an essential element, a conviction for Robbery with Homicide cannot stand. However, the killing was proven through the victim’s dying declaration, which was properly admitted, and other evidence. The Court convicted the accused-appellant of Murder, qualified by abuse of superior strength, and sentenced him to reclusion perpetua. He was ordered to pay civil indemnity, moral damages, and temperate damages, with interest.