GR L 54901; (November, 1986) (Digest)
G.R. No. L-54901 November 24, 1986
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO ABUEG, accused-appellant.
FACTS
Accused Ricardo Abueg and Deogracias San Pedro were charged with robbery with homicide. The prosecution evidence established that on November 1, 1973, the two accused entered the house of Diosdado Maraya. After initially leaving, they returned and forcibly rammed the door with a piece of wood, striking Marciana Maraya who was behind it, causing her death. Once inside, Abueg destroyed a cabinet and, with San Pedro, took clothing. The accused were apprehended shortly after, and the victims identified them and the weapons used.
The defense presented a different narrative, claiming they were invited for food, a fight ensued after a misunderstanding, and they left without taking anything. They denied killing Marciana Maraya or committing robbery. The trial court convicted both accused of robbery with homicide. Abueg appealed, questioning the credibility of witnesses and the sufficiency of evidence for conspiracy and robbery.
ISSUE
The core issue is whether the accused-appellant, Ricardo Abueg, is guilty beyond reasonable doubt of the complex crime of robbery with homicide.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimonies of the prosecution witnesses credible and consistent, positively identifying Abueg as a principal actor. The defense of denial and alibi could not prevail over this positive identification. The legal logic centers on the nature of the complex crime. For robbery with homicide, it is sufficient that the homicide results by reason or on the occasion of the robbery. The intent to commit robbery can be concurrent with or subsequent to the act producing death. Here, the unlawful taking of clothing after the violent entry and the killing established the elements of the crime. The Court, however, appreciated the mitigating circumstance of lack of intent to commit so grave a wrong under Article 13(3) of the Revised Penal Code. The evidence did not conclusively show that Abueg knew Marciana was behind the door when he struck it; thus, while liable for the complex crime, the specific intent to kill was not present. Consequently, the penalty was reduced from death to reclusion perpetua, and the civil indemnity was increased to Thirty Thousand Pesos.