879 Phil. 670
LEONEN, J.:
That on or about the 16th day of August, 2010, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above named accused, armed with an unlicensed firearm and a bladed weapon, conspiring and confederating together with one DENISE SIGDA, and one (1) John Doe a.k.a. "NogNog" and one Peter Doe (1) a.k.a. Algie whose true identities and present whereabout[s] are still unk[n]own, and all of them mutually helping and aiding one another, with intent to gain and by means of force[,] violence[,] and intimidation, did then and there willfully, unlawfully, and feloniously rob and carry away cash money amounting to Php46,415.00, belonging to Starbucks Coffee, Pamplona 3, Las Piñas City, represented by Alexander A. Angeles II, to their damage and prejudice, and that during or on the occasion of the robbery, the accused, conspiring and confederating and mutually helping one another, with intent to kill, had a ["shootout"] with elements of the Philippine National Police (PNP), resulting in serious physical injuries which caused the death of said Denise Sigua.Daguman pleaded not guilty to the charge on his arraignment.[5] Trial ensued at Branch 275 of the Las Piñas City Regional Trial Court.
That the crime was committed with the aggravating circumstances of use of an unlicensed firearm and commission by a band.
CONTRARY TO LAW.[4]
... on 16 August 2010 at around 7:45 in the morning, Alexander Angeles II, assistant store manager of Starbucks Cafe in Las Piñas City, arrived at the store and saw the security guard, Gharry Oquindo, waiting for him. Alexander opened the store and left Gharry outside. Alexander went straight to the back office to count the money in the vault. Gharry, on the other hand, placed his things inside. At this instance, accused Raymark Daguman poked a knife at Gharry declaring hold-up. Gharry raised his hands and Raymark took Gharry's gun in his holster. Raymark passed the gun to his companion Denise Sigua whom Gharry recognized through his voice. Gharry knew Denise because the latter used to work at Starbucks as one of the reliever guards. When Raymark took the gun, Gharry glanced at him and saw his face. Raymark and Denise forced Gharry to walk inside the store with Denise pointing a gun behind him. When the robbers saw Alexander counting the money, Denise again declared hold-up. Gharry and Alexander were told to lie down; they were tied and blindfolded. Alexander remembered Raymark as the one who tied him. While in this position, Gharry and Alexander heard Denise Sigua saying to Raymark to place his money inside a bag. Thereafter, the two (2) robbers left. Incidentally, SPO2 Ramil Palisoc and two (2) other police officers namely, PO3 Rizaldy dela Cruz and PO3 Noel Bunal were travelling along Zapote Road, Las Piñas City boarded inside a Toyota Revo when they chanced upon four (4) male individuals hurriedly leaving Starbucks Cafe. The first individual who was identified later as Denise Sigua was in blue maong pants and white T-Shirt, wearing a black cap and holding in his hand a firearm. He was followed by a second male individual identified as Raymark Daguman who wore a black jacket in yellow shirt and maong shorts, carrying a colored black and white laptop bag. Behind them were the third and fourth male individuals. When the police team saw that Denise was armed, they alighted from the vehicle and introduced themselves as officers. Denise however, responded by pointing his gun at the officers coupled with a shot coming from the third man. The officers fired back wounding Denise who fell on the ground. When Raymark tried to pull something out from the bag, the officers subdued him. The officers recovered from Raymark the following: (1) a kitchen knife measuring 12 inches long; and (2) a black and white laptop bag containing a homemade .38 caliber revolver, color nickel, with five (5) live ammunitions and undetermined cash in different peso denominations (Exhs. "I", "J" to "J-1"). The two (2) other culprits eluded arrest. The police officers eventually released Gharry and Alexander from being hogtied and took off their blindfolds.[6]In contrast, the defense's version of the facts was:
On the early morning of August 16, 2010, Raymark Daguman was sitting outside their house located at No. 340 Basa Compound, Zapote I Las Piñas City, drinking coffee when Denise Sigua passed by. The latter approached him and they exchange[d] greetings. They have known each other for some time, having played basketball together in their place. Denise introduced his companion, Gharry Oquindo, a tropa and a co-worker at Starbucks. Thereafter, Raymark was invited for a treat since according to Denise, it was Gharry's payday. Raymark went inside their house to change clothes and went with them. They boarded a public utility jeepney and alighted in front of Red Ribbon. Gharry told Denise that he would just change and wear his uniform, while Denise and Raymark went to buy cigarettes. Then, Denise told Raymark that they will go to Gharry at Starbucks. Upon arrival thereat, Gharry opened the door for them. While inside, Raymark sat on a chair at about two (2) to three (3) meters away from Denise and Gharry who were then talking. He then saw Gharry handed (sic) his service firearm to Denise. The latter approached and told him, "Pare pasensya ka na, makisama ka na lang para hindi ka madamay sa problema namin ".On March 7, 2012, the Regional Trial Court issued a Decision[8] finding Daguman guilty beyond reasonable doubt of the special complex crime of robbery with homicide. Its dispositive portion reads:
Raymark was surprised and afraid since Denise was already holding a gun while telling them to go inside. In his fear, he just followed Denise' [s] orders and went inside with them. When inside, Denise declared a hold up, approached Alex Angeles and poked a gun at the latter's nape. At this point, Raymark ran outside, but was blocked by three (3) vehicles when he was about to cross the street. Three (3) armed civilians alighted from the vehicle and forced him to lie face down, handcuffed him and boarded him to a vehicle. After sometime, he heard successive gun shots while still lying down on his stomach aboard the white vehicle. Several people including the media approached him on the vehicle, while Alex Angeles was asked if Raymark was one of those who held up the store. It took Alex some time before he pointed at Raymark, and then they closed the vehicle door.
Raymark denied having any knowledge of Denise and Gharry's plan to rob Starbucks or that he was caught in possession of a bladed weapon, a paltik revolver and the laptop bag which contained an unaccounted amount of money bills. He was carrying nothing when he was arrested. He also denied that it was him who hand tied Alex Angeles while inside the back office of Starbucks.[7] (Citations omitted)
WHEREFORE, judgment is hereby rendered finding the accused RAYMARK DAGUMAN Y ASIERTO @ "MARK" GUILTY beyond reasonable doubt of the special complex crime of robbery with homicide and is hereby sentenced to suffer the penalty of reclusion perpetua. Accused is further ordered to pay the heirs of Denise Sigua the amount of Php75,000.00 as civil indemnity and Php50,000.00 as moral damages.According to the Regional Trial Court, the elements of robbery with homicide were proved, namely: (1) the taking of personal property belonging to another; (2) the taking was with intent to gain; (3) the taking was with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed.[10]
SO ORDERED.[9]
WHEREFORE, premises considered, the appeal is DENIED. The Decision of the Regional Trial Court, Branch 275, Las Piñas City is AFFIRMED.The Court of Appeals found that the prosecution presented sufficient evidence to prove Daguman's guilt. He was positively identified by both Angeles and Oquindo. Further, when Daguman was arrested, he was found in possession of the knife used in the robbery and the money taken from the cafe. The Court of Appeals noted that, despite Daguman's denial that he took part in the robbery, he was unable to satisfactorily explain why he was inside the cafe while the robbery was ongoing.[22]
SO ORDERED.[21]
ARTICLE 294. Robbery with Violence Against or Intimidation of Persons - Penalties. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:The elements of robbery with homicide are: "(l) the taking of personal property with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking was done with animo lucrandi; and (4) on the occasion of the robbery or by reason thereof, homicide was committed."[29]1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed.
In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery must precede the taking of human life. The homicide may take place before during or after the robbery. It is only the result obtained, without reference or distinction as to the circumstances, causes or modes or persons intervening in the commission of the crime that has to be taken into consideration. There is no such felony of robbery with homicide through reckless imprudence or simple negligence. The constitutive elements of the crime, namely, robbery and homicide, must be consummated.Thus, robbery with homicide is committed when the robbers kill their victims,[34] or bystanders who attempt to thwart the robbery,[35] or responding police officers.[36] In People v. Barut,[37] this Court found the assailants guilty of robbery with homicide when the shootout between them and a rescue party resulted in the deaths of one of the assailants and one of the rescue party members. This Court reasoned that, in robbery with homicide, the victim of the robbery did not need to be the victim of the homicide:
It is immaterial that the death would supervene by mere accident; or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed or that aside from the homicide, rape, intentional mutilation, or usurpation of authority, is committed by reason or on the occasion of the crime. Likewise immaterial is the fact that the victim of homicide is one of the robbers; the felony would still be robbery with homicide. Once a homicide is committed by or on the occasion of the robbery, the felony committed is robbery with homicide. All the felonies committed by reason of or on the occasion of the robbery are integrated into one and indivisible felony of robbery with homicide. The word "homicide" is used in its generic sense. Homicide, thus, includes murder, parricide, and infanticide.
....
When homicide is committed by reason or on the occasion of robbery, all those who took part as principals in the robbery would also be held liable as principals of the single and indivisible felony of robbery with homicide although they did not actually take part in the killing, unless it clearly appears that they endeavored to prevent the same.
If a robber tries to prevent the commission of homicide after the commission of the robbery, he is guilty only of robbery and not of robbery with homicide. All those who conspire to commit robbery with homicide are guilty as principals of such crime, although not all profited and gained from the robbery. One who joins a criminal conspiracy adopts the criminal designs of his co-conspirators and can no longer repudiate the conspiracy once it has materialized.
Homicide is said to have been committed by reason or on the occasion of robbery if, for instance, it was committed to (a) facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the commission of the robbery; or, (d) to eliminate witnesses in the commission of the crime. As long as there is a nexus between the robbery and the homicide, the latter crime may be committed in a place other than the situs of the robbery.[33] (Citations omitted)
Although the killing of Evaristo Tuvera was perpetrated after the consummation of the robbery and after the robbers had left the victim's house, the homicide is still integrated with the robbery or is regarded as having been committed "by reason or on the occasion" thereof, as contemplated in article 294(1) of the Revised Penal Code.One who participated in a robbery, by reason or on occasion of which a homicide occurs-even if the person did not take part in the killing-is guilty of robbery with homicide.[39] "[E]ach conspirator answers for all the acts of the others committed for this accomplishment of the common purpose."[40]
In the controlling Spanish version of article 294, it is provided that there is robbery with homicide "cuando con motivo o con ocasion del robo resultare homicidio". "Basta que entre aquel este exista una relacion meramente ocasional. No se requiere que el homicidio se cometa como media de ejecucion del robo, ni que el culpable tenga intencion de matar, el delito existe segun canstante jurisprudencia, aun cuando no concurra nimo homicida, incluso si la muerte sobreviniere par mero accidente, siempre que el homicidio se produzca con motivo o con ocasion del robo, siendo indiferente que la muerte sea anterior, coetanea o posterior a ste" (2 Cuello Calon, Derecho Penal, 1975 14th Ed. p. 872).
There is robo con homicidio even if the victim killed was an innocent bystander and not the person robbed. The law does not require that the victim of the robbery be also the victim of the homicide (People vs. Moro Disimban, 88 Phil. 120; People vs. Salamuddin No. 1, 52 Phil. 670; People vs. Gardon, 104 Phil. 371).
In the instant case, the robbery spawned a fight between the robbers and the neighbors of Lazaro, the robbery victim. The killing of Evaristo Tuvera resulted from that fight. Hence, it was connected with the robbery.[38]
ARTICLE 296. Definition of a Band and Penalty Incurred by the Members Thereof. - When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band (cuadrilla).Thus, if the accused who were members of a band could not have prevented the killing committed by their other members, depriving them of the benefit of Article 296, the crime for which they can be convicted is only robbery in band. In People v. Doble:[41]
Any member of a band who is present at the commission of a robbery in an uninhabited place and by a band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.
It is however, not established by the evidence that in the meeting held in the house of Simeon Doble, the malefactors had agreed to kill, if necessary to carry out successfully the plan to rob. What appellants may be said to have joined is the criminal design to rob, which makes them accomplices. Their complicity must, accordingly, be limited to the robbery, not with the killing. Having been left in the banca, they could not have tried to prevent the killing, as is required of one seeking relief from liability for assaults committed during the robbery (Art. 296, Revised Penal Code)Likewise, when there is no proof of direct relation between the robbery and the killing, the crime is not robbery with homicide. In People v. Quemeggen,[43] an initial conviction for robbery with homicide was modified because there was no direct relation between the robbery of a passenger jeep and the subsequent killing of a police officer who had custody of some of the suspects. Only the accused who killed the police officer was convicted of the separate crimes of robbery and homicide, while the other accused was convicted of robbery only:
The finding that appellants are liable as mere accomplices may appear too lenient considering the gravity and viciousness of the offense with which they were charged. The evidence, however, fails to establish then complicity by a previous conspiracy with the real malefactors who actually robbed the bank and killed and injured several persons, including peace officers. The failure to bring to justice the real and actual culprits of so heinous a crime should not bring the wrath of the victims nor of the outraged public, upon the heads of appellants whose participation has not been shown to be as abominable as those who had gone into hiding. The desire to bring extreme punishment to the real culprits should not blind Us in meting out a penalty to appellants more than what they justly deserve, and as the evidence warrants.[42] (Emphasis supplied, citations omitted)
Given the circumstances surrounding the instant case, we agree with the CA that appellants cannot be convicted of Robbery with Homicide. Indeed, the killing may occur before, during, or after the robbery. And it is immaterial that death would supervene by mere accident, or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed. However, essential for conviction of robbery with homicide is proof of a direct relation, an intimate connection between the robbery and the killing, whether the latter be prior or subsequent to the former or whether both crimes are committed at the same time.Certain facts in the records may also exonerate an accused from a homicide charge should their co-perpetrator die during their escape, notwithstanding the rule in People v. De Jesus.[45] In People v. Concepcion,[46] this Court downgraded a conviction for robbery with homicide to theft, because the two perpetrators did not employ violence, force, or intimidation in taking the victim's bag. As for the death of one of the perpetrators during their escape, this Court found:
From the testimonies of the prosecution witnesses, we cannot see the connection between the robbery and the homicide. It must be recalled that after taking the passengers' personal belongings, appellants (and two other suspects) alighted from the jeepney. At that moment, robbery was consummated. Some of the passengers, however, decided to report the incident to the proper authorities; hence, they went to the nearest police station. There, they narrated what happened. The police eventually decided to go back to the place where the robbery took place. Initially, they saw no one; then finally, Kagalingan saw the suspects on board a pedicab. De Luna and two other suspects were caught and left under the care of Suing. It was then that Suing was killed. Clearly, the killing was distinct from the robbery There may be a connection between the two crimes, but surely, there was no "direct connection".[44] (Emphasis supplied, citations omitted)
Based on the RTC Decision's statement of facts which was affirmed by the CA, Concepcion's co-conspirator, Rosendo Ogardo, Jr. y Villegas (Ogardo), who was driving the motorcycle, died because he lost control of the motorcycle and crashed in front of de Felipe's taxi. Since Concepcion, as passenger in the motorcycle, did not perform or execute any act that caused the death of Ogardo, Concepcion cannot be held liable for homicide.[47] (Emphasis supplied)There are also instances when, if the original criminal design was proven not to be the taking of the victim's personal property, but the victim's death, the perpetrator commits two separate crimes of murder and theft.[48]
SECTION 24. Powers and Functions. The [Philippine National Police] shall have the following powers and functions:Armed by the government and given the authority to use firearms, police officers are taught "schemes, strategies and plans on how to approach danger."[49] Depending on the situation, police officers may be authorized to use force to enforce laws, as long as the force used is necessary and not excessive.[50] When there is a confrontation between law enforcement and a suspect, the police's use of force should be reasonable and proportionate to the threat as perceived by the officers at that time. According to the Philippine National Police, reasonableness of the force employed depends on the following criteria:
(a) Enforce all laws and ordinances relative to the protection of lives and properties; (b) Maintain peace and order and take all necessary steps to ensure public safety; (c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution[.]
7.6 Factors to Consider in the Reasonableness of the Force EmployedThe use of firearms by police is more strictly regulated. The danger of death or injury to the police officer or other persons must be imminent to justify resort to firearms:
A police officer, however, is not required to afford offender/s attacking him the opportunity for a fair or equal struggle. The reasonableness of the force employed will depend upon the number of aggressors, nature and characteristic of the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault. The police officer is given the sound discretion to consider these factors in employing reasonable force.[51]
8.1. Use of Firearm When JustifiedIn SPO2 Cabanlig v. Sandiganbayan:[53]
The use of firearm is justified if the offender poses imminent danger of causing death or injury to the police officer or other persons. The use of firearm is also justified under the doctrines of self-defense, defense of a relative, and defense of a stranger. However, one who resorts to self defense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent and real. Unlawful aggression should be present for self-defense to be considered as a justifying circumstance.[52]
A policeman in the performance of duty is justified in using such force as is reasonably necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him if he escapes, and protect himself from bodily harm. In case injury or death results from the policeman's exercise of such force, the policeman could be justified in inflicting the injury or causing the death of the offender if the policeman had used necessary force. Since a policeman's duty requires him to overcome the offender, the force exerted by the policeman may therefore differ from that which ordinarily may be offered in self-defense.[54] (Citations omitted)However, this Court has also warned that a police officer "is never justified in using unnecessary force or in treating the offender with wanton violence, or in resorting to dangerous means when the arrest could be [e]ffected otherwise."[55] In People v. Lagata:[56]
Even if appellant sincerely believed, although erroneously, that in firing the shots be acted in the performance of his official duty, the circumstances of the case show that there was no necessity for him to fire directly against the prisoners, so as to seriously wound one of them and kill instantaneously another. While custodians of prisoners should take all care to avoid the latter's escape, only absolute necessity would authorize them to fire against them. Theirs is the burden of proof as to such necessity. The summary liquidation of prisoners, under flimsy pretexts of attempts of escape, which has been and is being practiced in dictatorial systems of government, has always been and is shocking to the universal conscience of humanity.[57]Police officers are generally presumed to have regularly performed their duties and their testimonies in criminal cases are given credence.[58] Their extensive training and the gravity of their sworn duty to protect the peace give weight to their observations in the field.[59] The presumption, however, can he overturned when there is evidence to the contrary.[60]