GR L 30028; (May, 1982) (Digest)
G.R. No. L-30028 May 31, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CRESENCIO DOBLE, ET AL., defendants, CRESENCIO DOBLE, SIMEON DOBLE and ANTONIO ROMAQUIN, defendants-appellants.
FACTS
This case involves a violent bank robbery at the Navotas Branch of the Prudential Bank and Trust Company in the early hours of June 14, 1966. Ten heavily armed men arrived by motor banca. Eight disembarked, entered the bank, fired shots, forced employees to lie down, and unsuccessfully attempted to open the main vault before robbing the teller cages of P10,439.95. During the incident, intense gunfire erupted outside, resulting in the deaths of three police officers and a market collector, and injuries to several others. Only five of the ten accused were apprehended and tried. The trial court convicted appellants Cresencio Doble, Simeon Doble, and Antonio Romaquin and imposed the death penalty, necessitating automatic review by the Supreme Court.
The evidence established that the planning meeting for the robbery was held at the house of appellant Simeon Doble. Appellants Cresencio Doble and Antonio Romaquin participated by acting as lookouts aboard the getaway motor banca, with Cresencio being given a firearm to guard Antonio. The Solicitor General, reviewing the case, recommended the acquittal of Simeon Doble and a modification of the penalties for the other two appellants.
ISSUE
The primary issue is whether the appellants are guilty as principals to the complex crime of robbery with homicide, and if not, what is the proper degree of their criminal liability and the corresponding penalty.
RULING
The Supreme Court modified the trial court’s decision. It acquitted Simeon Doble, as his mere presence during the planning session at his house, without any overt act of cooperation in the robbery’s execution, did not establish guilt beyond reasonable doubt. For Cresencio Doble and Antonio Romaquin, the Court found they were not principals but merely accomplices to the crime of simple robbery in band. Their roles as lookouts aboard the banca constituted cooperation in the robbery, but such cooperation was not indispensable to its commission. Crucially, the Court ruled they could not be held liable for the homicides. The evidence did not conclusively prove that the killing was part of the robbery plan or that the appellants had knowledge of any design to kill. The shooting appeared to be a separate, spontaneous act by the principals upon encountering the police. Thus, their liability was limited to the robbery.
The penalty for robbery in band under Article 295, in relation to Article 294(5) of the Revised Penal Code, is prision mayor minimum. With the aggravating circumstances of nighttime and use of a motor vehicle, and no mitigating circumstances, the Court sentenced Cresencio Doble and Antonio Romaquin each to an indeterminate penalty of 5 years, 4 months, and 21 days of prision correccional to 8 years of prision mayor as maximum, and ordered them to pay indemnity to the heirs of the deceased.