People v. Garillo
REITERATIONFacts
The Antecedents: Lim Tao Sing, owner of Excel Ice Drop Factory, and his uncle Lim Ping Suy counted P3,200.00 in cash and P1,800.00 worth of jewelry intended for operating expenses and gifts. These were placed in a trunk in Lim Tao Sing's bedroom. The following evening, factory workers Henry Barillo and Alejandro Buco alias Tangkad slept on the ground floor. At approximately 11:00 PM, Barillo awoke to find himself being tied up by Tangkad, while another person held a gun. Three more armed individuals entered the factory through a hole in the wall. Barillo witnessed three men, including Tangkad, ascend to Lim Tao Sing's room, heard a shot, followed by moans, and then saw the men descend and flee. About an hour later, Barillo contacted the police. Upon investigation, Lim Tao Sing was found dead in his ransacked room, with the trunk emptied of its contents. The autopsy revealed multiple stab wounds as the cause of death. Procedural History: Celestino Garillo y Orjel alias Celing, Alejandro Buco y Valdez alias Tangkad, and Federico Fernandez y Arellano alias Putol were charged with Robbery with Homicide. Tangkad pleaded guilty and was sentenced to reclusion perpetua. Garillo and Fernandez pleaded not guilty. Garillo died during the pendency of his appeal, which was subsequently dismissed. The trial court found Garillo and Fernandez guilty and sentenced them to death. The Petition: Federico Fernandez y Arellano alias Putol appealed his conviction.
Issue(s)
Whether Federico Fernandez y Arellano alias Putol was a conspirator in the crime of Robbery with Homicide. Whether the aggravating circumstances of nighttime, superior strength, evident premeditation, and treachery were present. Whether the mitigating circumstance of physical defect should be considered.
Ruling
The Supreme Court affirmed the conviction of Federico Fernandez y Arellano alias Putol for Robbery with Homicide but modified the penalty to reclusion perpetua. The Court ruled that Fernandez was a conspirator and participated in the commission of the crime by acting as a lookout. The aggravating circumstance of nocturnity was considered present but offset by the mitigating circumstance of Fernandez's physical defect. Evident premeditation and abuse of superior strength were not appreciated, and treachery was found absent.
Ratio Decidendi
On whether Federico Fernandez y Arellano alias Putol was a conspirator in the crime of Robbery with Homicide: The Court found that there was a conspiracy to rob the Excel Ice Drop Factory, and Federico Fernandez was aware of the plan. His claim of merely being told of the plan and not agreeing to participate was negated by his subsequent actions. Fernandez's statement that he fled to Barrio Bicutan and then to Angeles, Pampanga, where he stayed with some conspirators, indicated his involvement and attempt to evade apprehension. The Court held that if Fernandez were innocent, he would have no reason to run away and hide with the conspirators. His participation as a look-out or guard outside, a previous and simultaneous act, lent itself to the accomplishment of the criminal intent. Therefore, Fernandez was guilty of Robbery with Homicide, even if he did not foresee the killing or participate in its execution, as he did not attempt to prevent the homicide. On the aggravating circumstances of nighttime, superior strength, evident premeditation, and treachery: The Court ruled that nocturnity was present as the accused purposely sought the cover of darkness. However, evident premeditation could not be considered an aggravating circumstance because it was not proven that the accused planned and decided not only to steal but also to kill Lim Tao Sing beforehand. Abuse of superior strength was also not appreciated due to the lack of proof regarding the relative physical strengths of the aggressors and the victim, and that the assailants took advantage of their combined strength. Treachery was found to be absent because the attack was made on impulse, as a sequence of unexpected events, specifically when Lim Tao Sing rose from his bed holding a bolo after a gun misfired, leading to him being stabbed. On the mitigating circumstance of physical defect: The Court considered the mitigating circumstance that appellant Fernandez suffers from a physical defect, specifically the absence of his right hand due to an accident. This defect restricts his means of action, defense, or communication. This mitigating circumstance offsets the aggravating circumstance of nocturnity.
Main Doctrine
When homicide takes place as a consequence of or on occasion of a robbery, all those who took part in the robbery shall be guilty as principals of the crime of robbery with homicide, unless there is proof that they have tried to prevent the killing. Evident premeditation and treachery are not inherent aggravating circumstances in robbery with homicide unless proven to have been specifically planned to kill in addition to stealing, or the attack was made in a manner that insured the commission of the crime without risk to the aggressors.