People v. Perciano y Camacho
REITERATIONFacts
The Antecedents: Accused Restituto Perciano y Camacho, along with two John Does, was charged with Attempted Robbery with Homicide. The Information alleged that on October 26, 1989, in Quezon City, the accused, conspiring together with intent to gain and by means of violence, attempted to rob Epitacio Aganan y Sorbito. While driving his Tamaraw pick-up, the accused boarded the vehicle. Upon reaching Visayas Avenue, accused Perciano, armed with a gun, ordered the complainant to stop and announced a hold-up. However, before the robbery could be consummated, the complainant started the engine, prompting the accused to shoot him, causing his death. Procedural History: Upon arraignment, accused Restituto Perciano y Camacho pleaded not guilty. After trial, the Regional Trial Court of Quezon City rendered judgment finding the accused guilty beyond reasonable doubt of the crime of attempted robbery with homicide and sentenced him to suffer the penalty of reclusion perpetua. The accused appealed the decision. The Petition: The accused-appellant questioned the credibility of the witnesses for the prosecution.
Issue(s)
Whether the guilt of the accused-appellant was proven beyond reasonable doubt. Whether the trial court erred in finding the accused-appellant guilty of attempted robbery with homicide.
Ruling
The Supreme Court affirmed the judgment of conviction. The accused-appellant, Restituto Perciano y Camacho, was found guilty beyond reasonable doubt of the crime of attempted robbery with homicide and sentenced to suffer the penalty of reclusion perpetua.
Ratio Decidendi
On Issue 1: The guilt of the accused-appellant was proven beyond reasonable doubt. The positive identification by the victim's daughter, Rhodora Aganan, who was half a meter away from the accused when he fired the shot, is a strong piece of evidence. Her testimony was credible as she had no ill motive to testify falsely against the accused, whom she did not know prior to the incident. This positive identification, coupled with the physical evidence, outweighs the defense of alibi. The presence of gunpowder nitrates on the accused's left hand, despite his claim of being right-handed, and the ballistics report confirming that the fatal bullet was fired from his service firearm, further strengthen the prosecution's case. The attendance logbook, which the defense presented to support the alibi, was found unreliable as the guards signed the following day, making it impossible to verify their actual presence during the incident. On Issue 2: The trial court did not err in finding the accused-appellant guilty of attempted robbery with homicide. The elements of the crime were established. The accused and his cohorts boarded the victim's vehicle under the pretense of seeking a ride, which constitutes an overt act towards the commission of robbery. They announced a hold-up and attempted to rob the victim. In the process of this attempted robbery, the accused shot and killed the victim. The Court reiterated that when by reason or on occasion of an attempted or frustrated robbery, a homicide is committed, the offender is guilty of attempted robbery with homicide, unless the homicide itself deserves a higher penalty. The circumstances of the case, including the craft employed in boarding the vehicle and the subsequent commission of the homicide, justified the imposition of the penalty of reclusion perpetua in its maximum period.
Main Doctrine
The positive identification of the accused by the victim's daughter, coupled with the physical evidence such as the presence of gunpowder nitrates and the ballistics report matching the fatal bullet to the accused's firearm, outweighs the defense of alibi. The crime of attempted robbery with homicide is established when the accused, with intent to gain, commences the commission of robbery by overt acts, and in the process, a homicide is committed.