GR 246580; (June, 2020) (Digest)
G.R. No. 246580, June 23, 2020
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONILEE CASABUENA y FRANCISCO and KEVIN FORMARAN y GILERA, Accused-Appellants.
FACTS
Accused-appellants Ronilee Casabuena and Kevin Formaran, together with Jimmy Arizala, were charged with the complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code. The information alleged that on October 11, 2012, in Marikina City, the accused, armed with a gun and bladed weapons, conspired to rob passengers inside a jeepney by declaring a hold-up and taking their personal belongings. During the incident, while struggling with responding police officer PO2 Ramilo de Pedro for possession of a gun, Arizala was shot and killed.
The prosecution presented eyewitness Ciara Kristle V. Abella, a victim, who testified that three men, including the appellants, boarded the jeepney, declared a hold-up, and took the passengers’ belongings at gunpoint and with knives. After the robbery, the perpetrators alighted. PO2 De Pedro testified that upon responding to a commotion, he chased the appellants and Arizala. A struggle ensued with Arizala over a pistol, during which PO2 De Pedro fired the weapon, killing Arizala. Appellants were apprehended, and stolen items were recovered.
The defense denied involvement, claiming they were merely passengers who were arbitrarily arrested after alighting from the jeepney. They alleged they were brought to the police station and falsely identified.
The Regional Trial Court (RTC) found appellants guilty beyond reasonable doubt of robbery with homicide, sentencing them to reclusion perpetua. The Court of Appeals affirmed the RTC’s decision.
ISSUE
Whether the accused-appellants are guilty of the complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code.
RULING
The Supreme Court AFFIRMED the conviction. The elements of robbery with homicide are all present: (1) the taking of personal property with violence or intimidation; (2) the property belongs to another; (3) the taking is with intent to gain; and (4) homicide is committed by reason or on occasion of the robbery. The Court held that the killing of Arizala, even if perpetrated by a police officer during a struggle, occurred “by reason or on occasion of the robbery,” as the homicide was a direct consequence of the robbery attempt. It is immaterial that the victim of the homicide was one of the robbers. Conspiracy among the appellants and Arizala was established through their concerted actions in boarding the jeepney, declaring a hold-up, and divesting passengers of their belongings. The act of one conspirator is imputed to all. Thus, appellants are equally liable for the complex crime of robbery with homicide. The Decision of the Court of Appeals was upheld.