GR L 37173; (November, 1984) (Digest)
G.R. No. L-37173 November 29, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO CRUZ, accused-appellant.
FACTS
The case involves the automatic review of a death sentence for robbery with homicide. Accused-appellant Roberto Cruz, along with several cohorts, planned and executed a robbery at the house of Dolores Cruz San Jose in Meycauayan, Bulacan, on December 29, 1970. The group, all armed, entered the residence, gathered jewelry worth approximately P151,900.00, and assaulted a relative, Ester Cruz-Villanueva, who attempted to intervene. During their escape, a volley of gunshots was fired. The victim, Ricardo Cruz (a resident within the same compound but unrelated to the appellant), was found fatally shot on the driveway.
Appellant was identified as a participant who entered the house, pretended to be a visitor, and later joined in assaulting Ester Cruz-Villanueva. His conviction by the trial court was based on his extrajudicial confession and corroborative eyewitness testimonies, which detailed his active involvement in the conspiracy to commit robbery, which resulted in a homicide.
ISSUE
The core issue is whether the trial court correctly imposed the death penalty for the crime of robbery with homicide, considering its appreciation of the aggravating circumstances.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court clarified the applicable aggravating circumstances. The trial court erred in treating “robbery in band with the use of unlicensed firearms” under Article 296 as a special aggravating circumstance that would qualify the crime to a higher penalty. Following People v. Apduhan, Jr., the Court ruled that Article 296 defines a separate, distinct crime of “robbery in band,” not a special aggravating circumstance for robbery with homicide under Article 294.
However, the commission of the crime by a band (cuadrilla) remains a generic aggravating circumstance under Article 14 of the Revised Penal Code. This ordinary aggravating circumstance was properly present and not offset by any mitigating circumstance. For robbery with homicide, punishable by reclusion perpetua to death, the presence of this aggravating circumstance ordinarily warrants the imposition of the supreme penalty. Nevertheless, due to the lack of the necessary votes for its imposition, the Court reduced the penalty to reclusion perpetua in accordance with prevailing jurisprudence. The civil indemnity was also increased to P30,000.00.