People Of The Philippines v. Quemeggen

NACHURA, J.:

For review is the Decision1 of the Court of Appeals (CA) dated December 28, 2006 in CA-G.R. CR-H.C. No. 01498 affirming with modification the Decision2 of the Regional Trial Court (RTC), Branch 72, Malabon, Metro Manila, dated August 8, 1997. As established by the prosecution, the facts are as follows: On October 31, 1996, at around 11:00 in the evening, Noel Tabernilla (Tabernilla) was driving his passenger jeep to Navotas, Metro Manila. Along Road 10 in Navotas, four of the passengers announced a hold-up.

One of the robbers poked a balisong on Tabernilla's nape,3 while the other three divested the passengers of their valuables.4 Then, the hold-uppers alighted from the jeep in a place called "Puting Bato."5 From there, Tabernilla and six or seven of his passengers went to the nearest police detachment to report the incident. Three policemen accompanied them to the scene of the crime. While there, the policemen chanced upon the robbers riding a pedicab.

Socrates Kagalingan (Kagalingan), one of the passengers-victims, recognized the perpetrators, since one of them was still wearing the belt bag that was taken from him.6 The policemen were able to arrest three suspects, including Janito de Luna (de Luna), but Leo Quemeggen (Quemeggen) was able to escape. The three suspects were left under the care of a police officer, Emelito Suing (Suing), while the other police officers pursued Quemeggen. Taking advantage of the situation, the three suspects ganged up on Suing; de Luna held his hand, while the other suspect known as "Weng-Weng"

shot him on the head.7 The suspects thereafter escaped. Upon the return of the two policemen who unsuccessfully pursued Quemeggen, Suing was brought to the hospital where he eventually died.8 Dr. Rosalyn Cosidon (Dr. Cosidon) of the Philippine National Police (PNP) Crime Laboratory conducted an autopsy on the cadaver of Suing.9 She concluded that the cause of the death of Suing was hemorrhage as a result of a gunshot wound in the head. The results of her examination were reflected in Medico-Legal Report No. M-1614-96.101awph!1 Appellants Quemeggen and de Luna were eventually arrested through follow-up operations undertaken by the Navotas Police.11 On November 5, 1996, appellants were charged in an Information for Robbery with Homicide, the pertinent portion of which reads: That on or about the 31st day of October 1996, in Navotas, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together and mutually helping one another, with intent to gain and by means of force, violence and intimidation employed upon the person of one SOCRATES KAGALINGAN Y ROXAS, did then and there willfully, unlawfully and feloniously take, rob and carry away the following articles to wit: One (1) gold necklace worth ₱1,800.00 One (1) men's wrist watch 2,000.00 Cash money amounting to 500.00