FIRST DIVISION
G.R. No. 220761, October 03, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDDIE OLAZO, MIGUEL CORDIS, CHARITO FERNANDEZ AND ROGELIO LASCONIA, Accused,
CHARITO FERNANDEZ, Accused-Appellant.
D E C I S I O N
CAGUIOA, J.:
This an Appeal1 filed under Section 13, Rule 124 of the Rules of Court from the Decision dated June 2, 20152 (questioned Decision) of the Court of Appeals, Twentieth (20th) Division (CA), which affirmed the Decision dated June 14, 20113 of the Regional Trial Court of Abuyog, Leyte, Branch 10 (RTC), in Criminal Case No. 2402, finding herein accused-appellant Charito Fernandez (Charito) guilty of the crime of Robbery with Homicide.
The facts, as summarized by the CA in the questioned Decision, are as follows:
chanRoblesvirtualLawlibrary
On two several (sic) occasions in the months of July and August 2004, accused Rogelio Lasconia together with several others hatched a plan to rob the spouses Erlinda and Nicanor Vallecera inside their home in Barangay Bito, Abuyog, Leyte. It was agreed that accused Dionesia Lasconia, who was then employed as a stay-out house help of the spouses Vallecera would assist them by helping them get access inside the house undetected.
At the first meeting, accused Rogelio Lasconia and Rommel Escobio were present together with accused-appellant Miguel Corbis. On thsecond meeting, accused-appellant Miguel Corbis, as well as, Charito Fernandez attended the planning. During both meetings however, the plan did not push through due to the absence of some of the expected members and some superstitious omen.
Sometime on August 8, 2004, accused Dionesia Lasconia was informed by the group that they would push through with their plan that night. Thus, despite being a Sunday and her rest day, Dionesia returned to the house of the spouses Vallecera around five o'clock in the afternoon and awaited for the arrival of her cohorts.
Upon her arrival at the residence, Dionesia tended to her usual chores by feeding the chickens, sweeping the grounds and cooking for the supper of the spouses. She, however, left the back gate open to allow her co-accused to enter the compound as agreed.
Around seven o'clock in the evening, Dionesia heard sounds near the back portion of the house. She then immediately opened the kitchen door and allowed accused Rogelio Lasconia, Rommel Escobio and Eddie Fernandez, all of whom were then wearing masks, to enter the house.
The three then waited near the kitchen area of the house while the spouses Vallecera were inside the master's bedroom. After almost an hour of waiting, Erlinda Vallecera opened the master's bedroom door and was immediately accosted by the three intruders. Accused Eddie Fernandez then pointed a gun at Erlinda Vallecera and grabbed her.
The three then covered her face, while Rogelio whispered at Erlinda not to make any noise as they were only there to get money. They then dragged her into the master's bedroom where they then hogtied Nicanor Vallecera.
The three then forced Erlinda to open the vault where they then took away at least one hundred thousand pesos in cash and several pieces of jewelry. They also raided the office of Erlinda in search for more valuables.
After they were able to grab all the valuable items they can easily cart away, accused Eddie Fernandez and Rommel Escobio then brought Erlinda into one of the comfort rooms inside the house. There Rommel Escobio slashed her throat with the use of a samurai that they found inside the office of Erlinda.
Subsequently, Rommel Escobio exited the comfort room and approached Rogelio Lasconia and intimated that Erlinda was still alive despite the wound. Rogelio then entered the comfort room and thereat stabbed Erlinda several times in the neck area with the use of a long knife.
Thereafter, the three accused then hogtied Dionesia Lasconia to make it appear that she had no part in the robbery and then exited the house.4
That on or about the 8th day of August 8, 2004, in the Municipality of Abuyog, Province of Leyte, Philippines, and within the jurisdiction of this honorable court, the above named accused conspiring, confederating and mutually helping with one another and being armed with a gun and bladed weapons, did then and there willfully, unlawfully and feloniously with intent to gain by means of force, violence and intimidation, to wit: by pointing at one ERLINDA T. VALLECERA with the said gun and demanding money from her, hogtying NICANOR VALLECERA and threatening to kill the above-named spouses, and thereafter take, steal and carry away cash amounting to more than Php 100,000.00 and undetermined amount of assorted jewelry owned by and belonging to the said spouses NICANOR VALLECERA, against their will and without their consent to the damage and prejudice to said owner in the said sum; that on the occasion of the said robbery, the above-named accused, with intent to kill, with evident premeditation and taking advantage of their superior strength, conspiring, confederating, and mutually helping with one another, and in pursuance of their conspiracy, did then and there willfully, unlawfully, and feloniously attack, assault, slash the throat, stab, hack and wound ERLINDA T. VALLECERA with the use of bladed weapon which the accused provided themselves for the purpose, thereby hitting and inflicting upon her fatal wounds on the different parts of her body which were the direct and proximate cause of her death.
ACTS CONTRARY TO LAW.5chanroblesvirtuallawlibrary
WHEREFORE, finding the Prosecution to have successfully proven the guilt of the Accused Rogelio Lasconia alias "Tesing", Eddie Olazo, Miguel Corbis, alias "Blackie" and Charito Fernandez, guilty beyond reasonable doubt of the crime as charge (sic), this Court hereby sentences the aforesaid accused to suffer the penalty of RECLUSION PERPETUA, ordering the aforesaid to indemnify the Heirs of the Offended Party in the amount of Php.l 00,000.00 jointly and severally and to pay the cost.
SO ORDERED.8chanroblesvirtuallawlibrary
Simply put, while accused-appellant Miguel Corbis had participated in conspiring to commit robbery against the spouses Vallecera, sans any showing of his actual aid or presence during its commission, or any overt act indicative of common design, he cannot be held criminally culpable for such felony.
Moreover, as to the complicity of accused-appellant Eddie Olazo, We also find a total bankruptcy in the records of the case that could even remotely exhibit his complicity and culpability to the crime charged. The totality of the testimonies of the prosecution is bare of any participation of Eddie Olazo. As tersely testified by state witness Joseph Oronos, Eddie Olazo was never present during the planning of the commission of the crime nor during the actual commission thereof.
x x x x
In the case at bench, such unity in purpose by accused-appellant Charito Fernandez to the acts committed by his co-accused Rogelio Lasconia, Eddie Fernandez and Rommel Escobio has been duly and clearly established by his act of planning with the other accused the conduct of robbery, by accompanying them during its commission and hasty getaway, as well as providing payment for their getaway vehicle and even threatening their driver with mortal harm should be reveal what they had committed. This (sic) established acts of accused-appellant Charito Fernandez evinces beyond cavil his complicity and agreement of the unlawful criminal design of Rogelio Lasconia, Eddie Fernandez and Rommel Escobio.11 (Emphasis supplied)
2nd prosecution witness JOSEPH ORONOS, who turned state witness was presented on the witness stand on January 23, 2008 to testify that on the month of July 2004, Rogelio Lasconia or "TESING" together with his Auntie Dionesia Lasconia, Charito and Miguel hired him to ferry them to Brgy. Barayong, to where Dionesia Lasconia was living for the plan out of the proposed robbery and in the course of their conversation, he overheard "ONING" or DIONESIA LASCONIA giving all the details laying on the plan of robbery on the house of Atty. Vallecera with instruction to KILL her master so that it will not be known that it was she who planned everything. (TSN January 23, 2008, pp. 27-28, Crim. Case No. 2402, 2nd prosecution witness, JOSEPH ORONOS, Guarda).
Witness also admitted that in another instance he was hired by the same group at around seven o'clock in the evening of August 8, 2004 to the Sto. Nino Park Rotunda of Abuyog, Leyte and when they disembarked, he saw them went straight ahead of the street and down towards the house of her master, at around 8:00 o'clock in the evening.
On their return from Atty. Vallecera's house, "Oning" or Dionesia Lasconia was carrying a bag and "Tesing" or Rogelio Lasconia was with a bolo in his hand, while the two persons were barehanded, then he brought them near the house of "Tesing" in Caranhug, Javier, Leyte, it was Charito who paid him two five-hundred peso bill (sic) few days after. (TSN January 23, 2008, pp. 31-33, Crim. Case No. 2402, 2nd prosecution witness, JOSEPH ORONOS, Guarda)
x x x x
x x x Further admitted by him that on the month of August, the date and year he cannot recall, he was hired by Rogelio Lasconia to ferry them to the place of Dionesia Lasconia where he overheard their plan to rob her master with Dionesia Lasconia laying all details whereby Rogelio, Miguel Corbis, and Charito Fernandez uttered there is no problem about that. (TSN February 12, 2008, pp. 5-9, Crim. Case No. 2402, 2nd prosecution witness, JOSEPH ORONOS, Tonog)22(Emphasis supplied)
As to accused-appellant CHARITO FERNANDEZ, We find him GUILTY of the crime charged and sentence him to suffer the penalty of reclusion perpetua. Accused-Appellant Charito Fernandez is further ordered to pay the heirs of Erlinda Vallecera the amount of Fifty Thousand Pesos (Php 50,000.00) as moral damages, Fifty Thousand Pesos (Php 50,000.00) as civil indemnity and Forty Thousand Pesos (Php 40,000.00) as actual damages. All monetary awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Decision until fully paid.
SO ORDERED.26
Article 63. Rules for the application of indivisible penalties. - In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:
chanRoblesvirtualLawlibrary1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.
x x x x
[T]hat on the occasion of the said robbery, the above-named accused, with intent to kill, with evident premeditation and taking advantage of their superior strength, conspiring, confederating, and mutually helping with one another, and in pursuance of their conspiracy, did then and there willfully, unlawfully, and feloniously attack, assault, slash the throat, stab, hack and wound ERLINDA T. VALLECERA with the use of bladed weapon which the accused provided themselves for the purpose, thereby hitting and inflicting upon her fatal wounds on the different parts of her body which were the direct and proximate cause of her death.30 (Emphasis supplied)
Endnotes:
** Per Special Order No. 2383 dated September 27, 2016.
1 CA rollo, pp. 155-157.
2Rollo, pp. 4-18. Penned by Associate Justice Pamela Ann Abella Maxino, with Associate Justices Renato C. Francisco and Germano Francisco D. Legaspi concurring.
3 CA rollo, pp. 48-72. Penned by Executive Judge Buenaventura A. Pajaron.
4Rollo, pp. 6-7.
5 Id. at 5-6.
6 Id. at 5.
7 CA rollo, pp. 48-72.
8 Id. at 71-72.
9 Id. at 31-47.
10 Id. at 80-125.
11Rollo, pp. 12-15.
12 CA rollo, pp. 155-157.
13Rollo, pp. 24-25.
14 Id. at 29-31.
15 Id. at 35-37.
16People v. Sanico, G.R. No. 208469, August 13, 2014,733 SCRA 158, 179.
17 Id.
18 CA rollo, p. 60.
19 Art. 8, REVISED PENAL CODE.
20 Bahilidad v. People, 629 Phil. 567, 574 (2010).
21 Id.
22 CA rollo, pp. 52-53.
23Rollo, p. 13.
24 Id.
25cralawred Id. at 14.
26 Id. at 17.
27 Section 9, Republic Act No. 7659, entitled "AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES".
28 Art. 14(13), REVISED PENAL CODE.
29 Art. 14(15), id.
30Rollo, p. 5.
31People v. Dadivo, 434 Phil. 684, 688 (2002).
32 Id. at 690.
33People v. Garillo, 174 Phil. 38, 45 (1978).
34People v. Cando, 398 Phil. 225, 239 (2000); People v. Disipulo, 343 Phil. 332, 346 (1997); See People v. Manansala, 286 Phil. 150, 157 (1992).
35 CA rollo, pp. 52-53.
36 See People v. Sansaet, 426 Phil. 826, 835 (2002).
37 G.R. No. 202124, April 5, 2016, p. 22.
38 Id.
39Rollo, p. 16.