GR 245544; (March, 2022) (Digest)
G.R. No. 245544 . March 21, 2022
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDMUNDO GALLARDO AND MARLON NATIVIDAD, ACCUSED-AT-LARGE. RUSSEL BORINGOT, ACCUSED-APPELLANT.
FACTS
Accused-appellant Russel Boringot was charged with the special complex crime of Robbery with Homicide. The Information alleged that on October 19, 2007, in Calamba City, Laguna, Russel, conspiring with others, through violence and intimidation, robbed Ronald Catindig, Raymond Hernandez, Christian Catindig, and Joel Tenorio of their valuables, and on the occasion thereof, stabbed Sheryl Catindig to death. During trial, the prosecution presented witnesses Ronald, Christian, and Raymond, who testified that while walking home with Sheryl and others, they were followed by five men, including Russel. One assailant, Edmund Gallardo, announced he had a sumpak (improvised gun) and ordered them not to move. Russel held up Christian and demanded his belongings. During the commotion, Sheryl was stabbed repeatedly by Edmund after she handed over her phone. Ronald testified that he saw Russel stab Christian and then himself (Ronald). Sheryl died from her wounds. The defense presented an alibi, claiming Russel was elsewhere visiting his sister at the time of the incident.
ISSUE
1. Whether the Court of Appeals erred in finding Russel Boringot guilty beyond reasonable doubt of the special complex crime of Robbery with Homicide.
2. Whether he is liable to pay civil indemnity and damages to the heirs of Sheryl Catindig.
RULING
The Supreme Court AFFIRMED the conviction for Robbery with Homicide but MODIFIED the award of damages.
1. The prosecution proved all elements of Robbery with Homicide beyond reasonable doubt: (a) the taking of personal property (cellphones) belonging to another; (b) with intent to gain; (c) with violence or intimidation against persons; and (d) on the occasion or by reason of the robbery, homicide was committed. The positive identification of Russel by the victims, who were familiar with him as they lived in the same barangay, was credible and prevailed over his denial and alibi. The illumination from billboards provided sufficient light for identification. His acts of holding up a victim and stabbing others during the robbery established conspiracy.
2. The Court modified the damages awarded. Accused-appellant is ordered to pay the heirs of Sheryl Catindig: P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. He is also ordered to pay P78,679.00 as actual damages for Sheryl’s hospital and funeral expenses, and P141,222.00 to Ronald Catindig for his hospitalization expenses. All monetary awards shall earn legal interest at 6% per annum from the finality of judgment until full payment.