G.R. No. L-33271, February 20, 1984
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROMEO PALON, Defendant-Appellant.

FACTS

Accused-appellant Romeo Palon was convicted of robbery with homicide and sentenced to death by the Circuit Criminal Court. The prosecution established that on June 1, 1970, in Plaridel, Bulacan, Palon and his companion, Epifanio Flores, hired the tricycle of Perfecto Cruz. Upon reaching a secluded area, they repeatedly stabbed Cruz, forcibly took possession of his tricycle, and loaded the wounded victim inside. Palon then drove the vehicle. In Guiguinto, Bulacan, Cruz caused an accident by kicking the handlebar. Policeman Victor Reyes responded, saw a person flee, and heard Cruz plead for help, identifying his assailants. Reyes apprehended Palon near the scene and found a balisong knife nearby. Cruz later died from his wounds.
The defense presented a different account. Palon admitted being present but claimed Flores alone committed the crime. He testified they were traveling to Cavite, alighted in Plaridel for supper, and Flores consumed liquor. Flores later returned with a tricycle, and they proceeded to Barrio Tabang. Palon, having drunk gin, fell asleep but was awakened by a quarrel between Flores and the driver. Flores, holding a knife to Cruz, ordered Palon to drive, threatening to stab him if he refused. Palon complied, driving while Flores and Cruz were in the sidecar, and claimed he only heard struggling and later saw Cruz injured.

ISSUE

The core issue is whether the accused-appellant’s guilt for the complex crime of robbery with homicide was proven beyond reasonable doubt, and whether the aggravating circumstances were correctly appreciated.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the prosecution’s evidence conclusive. Palon’s defense of mere presence and coercion was rejected. His active participation was evident: he initially hired the tricycle, drove it after the violent takeover, and was found at the scene with the victim and the stolen vehicle. The dying declaration of the victim to Policeman Reyes, identifying his assailants, constituted part of the res gestae and carried strong probative value, directly implicating Palon.
On the element of robbery, the Court ruled that asportation was consummated when Palon drove the tricycle away with Cruz forcibly detained inside, completely depriving the victim of control over his property. The motive was clearly robbery. The aggravating circumstance of nocturnity was properly appreciated as it facilitated the commission of the crime, even if not specifically sought. The Court also held that the generic aggravating circumstance of craft, though not alleged in the information, could be proven during trial and considered in imposing the penalty. However, for lack of the necessary votes for imposition of the death penalty, the sentence was reduced to reclusion perpetua.