PEOPLE vs. QUIÑONES
(183 SCRA 747)
March 28, 1990; G.R. No. 80042
(183 SCRA 747)
March 28, 1990; G.R. No. 80042
Facts:
On June 30, 1986, the bodies of three men were found in a wooded area in
barangay Tuaco, Basud, Camarines Norte. The corpses were in a state of
decomposition and bore various contusions, stab and bullet wounds, and other
injuries indicating foul play. The victims were later positively identified as
Alexander Sy, Augusto Gabo and Frisco Marcellana.
In due time, an information for robbery with multiple homicide was filed
against Adolfo Quiñones, Alfredo Aban, Zaldy Civico, Ronilo Canaba, Amado
Conda, Jr., Santiago Solarte, Armando Buitre and one John Doe.
The evidence for the prosecution established that the three
victims were riding in a dark blue Mitsubishi car at about seven o'clock in the
evening of June 27 or 28, 1986, when they were intercepted along the Maharlika
Highway in the above-named barangay by the accused, who had placed sacks on the
road to block the way. The three were taken to the nearby woods where they were
killed. According to his brother, Napoleon, Alexander
Sy was at that time carrying P300,000.00, representing the weekly collections
of his business, a necklace with pendant worth P20,000.00, a P10,000.00 diamond
ring, and a licensed .22 caliber handgun. All this, together with
the other articles belonging to the victims, were taken by the accused, who
also used the car in fleeing to Sapang Palay, where it was recovered without
the stereo and the spare tire.
Issue:
Whether
or not the accused are guilty of robbery with
multiple homicide.
Held:
There is no crime of robbery with multiple homicide under the
Revised Penal Code thus the charge should have been for robbery with homicide
only regardless of the fact that three persons were killed in the commission of
the robbery. In this special complex crime, the number of persons killed is
immaterial and does not increase the penalty prescribed in Article 294 of the
said Code.
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