G.R. No. L-95231 June 15, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO DIMAANO y DELA CRUZ, DANILO BORJA y ABESAMIS, CALIXTO SORIO y ESPINA, RODELIO UPANA y CATALYO, and JOHN DOE (AT LARGE), accused-appellant.

FACTS

On September 30, 1987, in Caloocan City, appellants Danilo Dimaano, Danilo Borja, Calixto Sorio, and Rodelio Upana, conspiring together and armed with firearms and bladed weapons, robbed the house of Elizabeth Batara. They took cash and various personal properties valued at P159,800.00. During the robbery, they tied up and assaulted the occupants. They brought Adolfo Ferrer into the house, tied him up, and later killed him. Victims Elizabeth Batara, Edna Alarcon, and Cesar Alarcon were also stabbed and sustained serious physical injuries. The appellants were positively identified by the victims during a police line-up and in court. The stolen items were later recovered by the police. Upon arraignment, the appellants pleaded not guilty. The Regional Trial Court found them guilty beyond reasonable doubt of robbery with homicide and multiple frustrated homicide.

ISSUE

Whether the trial court erred in convicting the appellants of the complex crime of robbery with homicide and multiple frustrated homicide based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the legal designation of the crime. The trial court erred in designating the offense as robbery with homicide and multiple frustrated homicide. Under Article 294(1) of the Revised Penal Code, “homicide” is used in its generic sense to include any act resulting in death. Other acts producing results short of death are absorbed by “homicide” if death occurs. If no death supervenes, the accused should be held liable for separate crimes of robbery and frustrated or attempted homicide/murder. Since the death of Adolfo Ferrer did occur, the appellants are guilty of the single complex crime of robbery with homicide. The appellants’ defenses of alibi and alleged violation of their right to counsel during the police line-up were rejected. The police line-up was not part of custodial inquest, so the right to counsel had not yet attached. Their positive identification by the victims, who had no ill motive to testify falsely, was given full credence. The decision was AFFIRMED with MODIFICATION, finding appellants guilty of robbery with homicide and ordering them to pay P50,000.00 as indemnity for the death of Adolfo Ferrer.