People vs. Escober, 157 SCRA 541 (1988) Digest

Complex Crime of Robbery with Homicide

19. People vs. Escober, 157 SCRA 541 (1988)

Student: G-one T. Paisones

Professor: Atty. Cisco Franz S. Maclang

Facts:

                Escober was a security guard at Vising Electrical Supply, owned by Vicente Chua and Lina Saw Chua. On December 3, 1982, at 7 p.m. he reported for work. Alorte arrived and talked to him because he, Alorte alias Abuyen, wanted to, and two men entered and one man [accused Punzalan] was left at the gate. One of his (Punzalan) companions aimed a gun at Escober and also a knife and they said they would kill him. After 5 minutes, after the two men went up the office, they came down and talked to the man guarding Escober and Alorte fired at him. He was not hit for he was able to avoid it and after that, the four men suddenly left. Escober went down from the pick-up and he heard Vicente Chua calling him and he responded. Chua asked him to call Mrs. Chua at the house because, according to Chua, their children were stabbed. So Escober went to the house and called Mrs. Chua.

Issue:

                WON Punzalan and Escober are guilty of the complex crime of Robbery with homicide.

Held:

                Yes for Punzalan; No for Escober.

Ratio:

                Punzalan’s participation in the crime was to act as a look-out, he did not participate in the killing of the two help­less victims, and he cannot evade responsibility therefor. Well-established is the rule in this jurisdiction that whenever a homicide has been committed as a consequence of or on the occasion of a robbery, all those who took part as principals in the commission of the robbery are also guilty as principals in the special complex crime of robbery with homicide although they did not actually take part in the homicide unless it clearly appeared that they endeavored to prevent the homicide

Accused-appellant Juan Escober y Geralde is hereby ACQUITTED of the crime of Robbery with Homicide.