346 Phil. 250
VITUG, J.:
“That on or about September 11, 1990, in the City of Manila, Philippines, the said accused, conspiring and confederating together with three other persons, whose true names, identities and present whereabouts are still unknown, and helping one another, all armed with firearms and bladed weapons, and therefore in band, while in front of the Pritil Market along Juan Luna St., Tondo, Manila, a street used by persons or vehicles for the movement or circulation of persons or transportation of goods, articles or property, or both, with intent to gain and by means of force, violence against and intimidation of person, that is, by shooting one RAMON MALLARI Y DELA CRUZ several times with their said firearms, hitting him on his head and other vital parts of his body, and shouting `Walang makikialam. Holdup ito,’ did then and there wilfully, unlawfully, and feloniously take, rob, and carry away the sum of P20,200.00, Philippine currency, in cash, of said Ramon Mallari y dela Cruz against his will, to the damage and prejudice of the latter, in the same sum as aforesaid; that by reason and on the occasion of the said robbery, the said Ramon Mallari y dela Cruz, sustained mortal gunshot wounds, which were the direct cause of his death immediately thereafter.
"SO ORDERED.”[1]
“I
"THE TRIAL COURT ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF ROBBERY WITH HOMICIDE DESPITE LACK OF POSITIVE IDENTIFICATION BY THE LONE WITNESS FOR THE PROSECUTION."II
"THE TRIAL COURT ERRED IN ORDERING THE ACCUSED-APPELLANT TO PAY THE HEIRS OF RAMON MALLARI THE AMOUNT OF P20,700.00 AS ACTUAL DAMAGES AND P50,000.00 AS DEATH INDEMNITY.”[17]
“DIRECT EXAMINATION BY FISCAL PAZZIUAGAN:During a startling event, the natural tendency of witnesses would be to strive to look at the appearance of the perpetrator of the crime and to observe the manner of its perpetration.[19] Eyewitness Santos was barely two meters away from the shooting and his vision remained focus on the incident. The momentary power outage did not prevent him from seeing what was taking place. He explained:
"Q Mr. Santos, on September 11, 1990 at around 7:30 in the evening do you remember where were you?
"WITNESS
"A I was in front of my side car when I heard a gunshot, sir.
"Q Now, where were you specifically situated, what area?
"A At Juan Luna St., Tondo, Manila, sir.
"Q What were you doing at that time?
"A I was then taking passenger’s baggages (sic) to my side car, sir.
"Q After hearing a gunshot, what did you do if you did anything?
"A I went near my side car and the people there thought that was someone, a sidecar boy who was killed, sir.
"PROSECUTOR
"Q When you heard that gunshot, Mr. Witness, do you know where it come (sic) from?
"WITNESS
"A At the very front where I was standing then, sir.
"Q And how far were you from that place where you heard the gunshot?
"A The place where I was standing was near the Ford Fierra, with the distance of 2 meters away from me, sir.
"Q Do you know who fired that shot?
"ATTY. ALISUAG
He will be incompetent.
"COURT
If he knows let him answer.
"WITNESS
"A I don’t know who fired the gun but I just heard a gunshot, sir.
"Q And do you know who was he shooting at?
"A All I saw is that Ramon Mallari was shot and he crawled under the Ford Fierra and was pulled out and was shot again, sir.
"Q How many times was Ramon Mallari was shot (sic) ?
"A I just heard three gunshot, sir.
"Q And do you know how many person shot Ramon Mallari?
"A I don’t know, sir.
"Q This Ramon Mallari, do you know him?
"A I know him sir, he was being called Ramon Mallari.
"Q Why do you know him Mr. Witness?
"ATTY. ALISUAG
That would be misleading, Your Honor.
"COURT
Reform your question.
"PROSECUTOR
"Q How did you know that he was Ramon?
"A I came to know him when he was pulled out under the Ford Fierra, sir.
"PROSECUTOR
"Q When you saw the victim being shot and pulled from the Ford Fierra where was the person who shot Ramon facing at the time in relation to your place now?
"WITNESS
"A He was facing Ramon Mallari, sir.
"Q In relation to you where was he at the time?
"A Assuming the Ford Fierra is in front of me, the person who shot the victim was facing beside the Ford Fierra, sir.
"Q And your position is there?
"A I was beside the Ford Fierra, obliquely facing the assailant - - at the rear end of the Ford Fierra, sir.
"Q The question is where is the person who shot Ramon facing at the time in relation to your place now?
"A I was standing near the rear end of the Ford Fierra facing the sidecar and when I heard the gunshots I turned my back to may left and facing the Ford Fierra, sir (sic).
"Q Now, Mr. Melchor Santos, for example the sidecar is here where were you?
"INTERPRETER
The witness described the scene by showing that the Ford Fierra was parked sidewise while his sidecar was parked in such a way that its rear portion is facing the right side of the parked Ford Fierra. Then he pointed to the rear portion of his sidecar as the place where he was standing such that he was facing the rear portion of his sidecar while the assailant was facing the right side of the Ford Fierra when he shot Ramon after he pulled him under the Ford Fierra then when he stated when he hard (sic) the shot the witness turned around to his left and he saw the assailant pulled hout (sic) the victim, Ramon Mallari, then he shot him again (sic).
"PROSECUTOR
"Q Now, what happened after you saw Ramon Mallari being shot again after he was pulled by the assailant?
"WITNESS
"A The person who shot the victim walked toards (sic) Dandan proceeding Tondo, towards the direction of Tondo Church, sir.
"PROSECUTOR
"Q Base(d) on where you were standing, to what direction did the assailant go, was it towards the place where you were standing or away to (sic) where you were standing?
"WITNESS
"A Away from me, but before he passed by me we had the chance of staring at each other, sir.
"Q Now Mr. Witness, was it the first time that you saw that person who shot the victim?
"ATTY. ALISUAG
No basis, Your Honor.
"COURT
Reform you question, Fiscal.
"PROSECUTOR
"Q Aside from that time when you saw that assailant when you were stared at him when was the first time that you saw him, aside from that time when you were staring at him?
"WITNESS
"A After we have stared at each other, we did not meet again, sir.
"ATTY. ALISUAG
Considering that the answer is not responsive, Your Honor, may we request that that answer.
"PROSECUTOR
"Q You said that you stared at that assailant during the shooting incident, is that correct?
"WITNESS
"A I first saw him when he was roaming along Torres Tondo, Manila.
"Q And how often do you see him at Torrest St. (sic), before that incident?
"A Sometimes three times a week, sir.
"x x x x x x x x x.
"Q Is the person who shot now, if he happened to be inside the courtroom will you be able to identify?
"A Yes sir.
"Q Will you please point to him?
"INTERPRETER
Witness pointed to a person who gave the name GIOVANNI BAJAR when asked.”[18]
“Q At that time that you saw the incident, what was the condition of the area, was it dark or lighted?Illumination by a gas lamp could be sufficient for purposes of identification of the malefactor.[21] In any event, the electric power was cut-off only for a moment and restored almost instantly, even before the third gunshot was delivered.
"ATTY. ALISUAG
Your Honor, the defense
"Q (sic) At first it was lighted then later on the light were went of (sic).
"PROSECUTOR
"Q When did the light go off, Mr. Witness, was it after the victim was shot, will you please tell us?
"A On the second gunshot the light went off, sir.
"Q After the second gunshot – how about when you stared at the assailant was the light still on?
"ATTY. ALISUAG
Leading.
"PROSECUTOR
Alternative.
"COURT
Alternative, let the witness answer.
"A When we stared at each other there was a light coming in the nearby store using a gas lamp, and very soon the light went on, sir.”[20]
“Appellant also argues that his arrest in a place near the scene of the crime negates his guilt. He contends that since flight is evidence of guilt and of a guilty conscience, then conversely non-flight is an indication of innocence. The argument is untenable. If the contention is correct then all that a criminal must do to profess his innocence would be to remain at or near the place of the crime and declare, when arrested, that he is innocent otherwise he would have fled. The crime may have been committed with impunity and he may have thought that the victim or his heirs would not complain, or that the eyewitness will not be able to identify him."[28]The crime charged against appellant is robbery with homicide, the elements of which, under Article 294, paragraph 1, in relation to Article 293, of the Revised Penal Code,[29] are: (a) intent to gain, (b) unlawful taking of personal property belonging to another and (c) violence against or intimidation of any person by reason of which, or on occasion thereof, the crime of homicide shall have been committed. In robbery with homicide, it is essential, however, that there should be a direct relation or an intimate connection between robbery and the killing whether the latter be prior or subsequent to the former or whether or not both crimes are committed at the same time.[30]
“10. T: Maari bang ikuwento mo sa amin kung ano yong nasaksihan mong pangyayari?
"S: Ganito po iyon, habang hinihintay ko si Pareng Efren para kunin sa kanya ang pedicab na ibebeyahe ko napansin na may dalawang lalaki na parang nag-aaway sa tabi ng Ford Fiera maya maya nakita ko ko (sic) yong isang lalaki, tapos nakita ko bumagsak yong lalaki at napunta sa ilalim ng Ford Fiera, tapos nakita yong isa pang lalaki na may dalang baril na nagsabi ng `WALANG MAKIKIALAM HOLD-UP ITO’ tapos nakita ko yong lalaking bumaril doon sa anak ni Mallari na hinihila yong anak ni Mallari na nabaril tapos nakita ko na muling binaril nong lalaki ang anak ni Mallari, tapos nakita ko may may (sic) tatlong lalaki na tumakbo na may mga dalang baril at ang isa ay may da (sic) dalang balisong na tumakbo papuntang Pritil Detachment. Tapos nakita ko yong lalaki bumaril sa anak ni Mallari na tumakbo na papuntang Divisoria. Ang ginawa namin mga sidecar boys ay nilapitan (sic) namin yong lalaking nabaril at isinakay namin sa jeep tapos dinala namin sa hospital.”[33]