People V Escote Case

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PEOPLE V.

ESCOTE
FACTS:
 Cacatian, the driver of Bus, with the bus conductor Digap and some
passengers were held up by Victor Acuyan And Juan Gonzales Escote, Jr.

 Escote and Acuyan, pretending to be passengers of the bus, suddenly


stood up and whipped out their handguns and announced the holdup.

 Juan and Victor then accosted and divested the passengers and the driver
of their money and valuables.

 The felons then went to the place where SPO1 Jose C. Manio, Jr. was
seated and demanded that he show them his identification card and
wallet. Manio, Jr. complied with the demand. Victor and Juan ignored the
plea of the police officer and was shot dead.

 a month thereafter, SPO3 Meneses of Tarlac Police Station, and PO3


 Ferrer were at the police checkpoint along the national highway in Tarlac.
Meneses and Ferrer stopped a taxi cab which did not have any plate
number and asked the driver, who turned out to be the accused Escote,
for his identification card he told Meneses that he was a policeman and
handed over to Meneses the identification card of SPO1 Manio, Jr.
 The policemen become suspicious and brought him to the police station
 where in the course of the investigation, Escote admitted to the police
investigators that he and Acuyan, staged the robbery on a Bus and are
responsible for the death of SPO1 Manio, Jr.
 An Information was filed charging Escote, Jr. and Acuyan with robbery
with homicide was filed with the Regional Trial Court of Bulacan.
ACUYAN DEFENSE
 he denied the crime charge and he testified that he worked as a tire
man in vulcanizing shop.
 At that time, he was at a town fiesta and drinking spree with his friend
 He also claimed that he never met Escote until his arrest and
detention.
RTC RULING:
 Robbery with Homicide under article 294
ISSUE:
WON they were positively identified and correctly charged with robbery and homicide
Held:
No merit in the petitioner claiming the testimonies of the driver and the conductor are
wrong
 Right to cross-examine
 ….
 ….
Art. 294. Robbery with violence against or intimidation of
persons. — Penalties. — Any person guilty of robbery with the use of
violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by
reason or on occasion of the robbery, the crime of homicide shall
have been committed, or when the robbery shall have been
accompanied by rape or intentional mutilation or arson.
To warrant the conviction of Juan and Victor for the said charge, the
prosecution was burdened to prove the confluence of the following essential
elements:
. . . (a) the taking of personal property with the use of violence
or intimidation against a person; (b) the property thus taken belongs
to another; (c) the taking is characterized by intent to gain or animus
lucrandi and (d) on the occasion of the robbery or by reason thereof,
the crime of homicide, which is therein used in a generic sense, was
committed. . . . 46
The intent to rob must precede the taking of human life. 47 In robbery
with homicide, so long as the intention of the felons was to rob, the killing may
occur before, during or after the robbery.

 Even if the victim of robbery is other than the victim of the homicide
committed on the occasion of or by reason of the robbery, nevertheless, there
is only one single and indivisible felony of robbery with homicide. All the
crimes committed on the occasion or by reason of the robbery are merged
and integrated into a single and indivisible felony of robbery with homicide.

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