People v. Agomo-o
REITERATIONFacts
The Antecedents: On September 22, 1993, a passenger jeepney driven by Rodito Lasap was stopped along the national highway in San Enrique, Iloilo, by three armed men, identified as Ronnie Agomo-o, Eddy Paneza, and Oscar Servando. Ronnie Agomo-o announced a hold-up and shot the driver, Rodito Lasap, who later died from multiple gunshot wounds. The accused then divested passengers Jose Amador of P50.00 and a wrist watch, and Freddie Agrabio of P130.00. Eddy Paneza also stabbed Freddie Agrabio on the left elbow. Jose Amador identified Eddy Paneza as the one who took his valuables and Oscar Servando as the one who frisked him. Freddie Agrabio identified Eddy Paneza as his stabber. The accused fled the scene. Procedural History: The Regional Trial Court (RTC), Branch 23, Iloilo City, found accused-appellants Eddy Paneza and Oscar Servando, along with Ronnie Agomo-o, guilty of highway robbery under P.D. No. 532. They were sentenced to suffer the penalty of reclusion perpetua and to indemnify the heirs of Rodito Lasap in the amount of P50,000.00. Ronnie Agomo-o did not appeal. The Petition: Accused-appellants Eddy Paneza and Oscar Servando appealed the RTC decision, contending that the trial court erred in finding them guilty beyond reasonable doubt, in imposing the penalty of reclusion perpetua and civil indemnity, and in not acquitting Oscar Servando due to lack of proof of his participation.
Issue(s)
Whether the trial court erred in finding the accused-appellants guilty beyond reasonable doubt of violating P.D. No. 532 due to the alleged lack of proof of conspiracy, and the admissibility of alibi as a defense. Whether the trial court erred in imposing the penalty of reclusion perpetua and civil indemnity. Whether the trial court erred in not acquitting Oscar Servando due to the alleged absence of proof of his participation.
Ruling
The Supreme Court affirmed the decision of the Regional Trial Court, finding the appeal to be without merit. The accused-appellants Eddy Paneza and Oscar Servando were found guilty of highway robbery under P.D. No. 532, with the penalty of reclusion perpetua and ordered to pay civil indemnity to the heirs of Rodito Lasap.
Ratio Decidendi
On the issue of conspiracy, guilt beyond reasonable doubt, and alibi: The Court held that conspiracy was sufficiently established by the evidence. The testimonies of eyewitnesses Freddie Agrabio and Jose Amador, despite minor discrepancies, corroborated each other on material points: the stopping of the jeepney by Ronnie Agomo-o with companions Eddy Paneza and Oscar Servando, the announcement of a hold-up, the shooting of the driver Rodito Lasap by Agomo-o, and the subsequent divestment of passengers' money and valuables. The Court emphasized that conspiracy may be inferred from the concerted acts of the accused indicating a common purpose. Even though only Agomo-o shot the victim, all conspirators are equally liable for the acts committed in furtherance of the conspiracy, including the homicide. The defense of alibi presented by the accused-appellants was found to be weak, especially since their claimed locations were within the same municipality where the crime occurred, making physical impossibility to be at the scene of the crime not established. The positive identification by the eyewitnesses, who had no ill motive, outweighed the alibi. On the imposition of penalty and civil indemnity: The Court reiterated that highway robbery is governed by P.D. No. 532, which does not require a minimum number of offenders. The crime was committed on September 22, 1993, when the death penalty was suspended. Since homicide was committed on the occasion of the highway robbery, the penalty of death would have been imposed had it not been suspended. Therefore, the penalty next lower in degree, reclusion perpetua, was correctly imposed. The award of P50,000.00 as civil indemnity for the death of Rodito Lasap was also affirmed in accordance with prevailing jurisprudence. On the alleged absence of proof of Oscar Servando's participation: The Court found sufficient evidence to establish Oscar Servando's participation. Jose Amador identified Servando as the one who frisked his waist as he was alighting from the jeepney. Furthermore, Freddie Agrabio identified Servando as one of the three outlaws who announced the hold-up and ordered passengers to give their money. The Court noted that even if Agrabio was unsure who divested him of his money, Servando's participation in the robbery was established by Amador's testimony and his presence as part of the group that committed the hold-up, as identified by Agrabio. The Court reiterated that in conspiracy, all members are liable for the acts of their co-conspirators.
Main Doctrine
In conspiracy, all who carry out the plan and personally take part in its execution are equally liable, even if only one committed the killing. Discrepancies in witness testimonies on minor details do not necessarily detract from their credibility, especially when they corroborate each other on material points.