GR L 31726; (May, 1974) (Digest)
G.R. No. L-31726 May 31, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOMAS ABALOS and SALVADOR MENDIOLA, accused-appellants.
FACTS
Accused-appellants Tomas Abalos and Salvador Mendiola were convicted of attempted robbery with homicide. The evidence, including their confessions, established that in the early morning of July 6, 1969, after a drinking session, Mendiola hailed a taxicab driven by Guillermo Corbe. Abalos and Mendiola were the last passengers. While inside the cab, Abalos signaled Mendiola to hold up the driver. Abalos drew a knife and pointed it at Corbe’s neck, while Mendiola demanded his earnings and boxed him. The driver resisted, prompting an infuriated Abalos to stab him in the cheek. The appellants then fled without taking any money. The wounded driver was later assisted to a hospital but died from massive hemorrhage due to the stab wound.
ISSUE
The primary issue is the correctness of the trial court’s conviction of both appellants for the complex crime of attempted robbery with homicide, and the determination of their individual criminal liabilities based on their specific actions and intent.
RULING
The Supreme Court modified the trial court’s decision, differentiating the criminal liability of each appellant based on their individual participation and intent. The Court affirmed the admissibility and voluntariness of their confessions, noting they were sworn before a justice of the peace without complaint of coercion. For Tomas Abalos, the Court found him liable for attempted robbery with homicide. His act of stabbing the resisting victim was a direct consequence of the attempted robbery, making him responsible for the resulting death under Article 294 of the Revised Penal Code. His penalty was modified to an indeterminate sentence.
For Salvador Mendiola, the Court absolved him of liability for homicide. The evidence showed community of design with Abalos to commit robbery, as demonstrated by his act of demanding money and boxing the victim. However, the record did not establish that Mendiola conspired to kill or approved of Abalos’s sudden, fatal assault. The assault occurred suddenly in the dark cab, and Mendiola, who was unarmed, had no chance to prevent it. Consequently, Mendiola was held liable only for attempted robbery and sentenced accordingly. The indemnity to the victim’s heirs was also increased.