G.R. No. 233334

G.R. No.
233334
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
JOHN CARLO SALGA and RUEL "TAWING" NAMALATA, Accused-Appellants
Facts:
The case is one for robbery with homicide. The accused in this case are Salga and
Namalata who, with intent to gain and without consent of the private complainant Josefina
Zulita, entered the latter’s house and robbed the cash and a cellphone. On the event of said
robbery, shot dead the caretaker of Josefina’s house, Catalina Arcega.
The RTC convicted Ruel and John of robbery with homicide on the basis of the
testimonies of Joan Zulita (Joan) and Constancio Hinlo, Jr. (Constancio) Joan had testified that
John was one of the three persons who robbed the victims, and pointed his gun to her head, while
Constancio attested that Ruel drove off on a green motorcycle with John and another person on
board. Concluding that the four perpetrators had conspired in committing robbery with homicide
affirmed the conviction of Ruel and John because the witnesses of the Prosecution were credible
and had no improper motives to testify falsely against the accused.
TOPIC #1: Nature of robbery with homicide

ISSUE #1: Whether or not the court was correct in convicting the accused with the
crime of robbery with homicide?
RULING #1:
Yes, the court was correct.
We concur that robbery with homicide was committed. The evidence adduced by the
Prosecution in that regard was ample, competent and beyond reasonable doubt. Joan positively
identified John as one of the three persons who had entered their home and taken possession of
her phone and money, and househelper Catalina Arcega was killed in the course or on the
occasion of the robbery. Without question, the intent to rob the Zulitas preceded the taking of
human life.
Robbery with homicide is a special complex crime that requires the concurrence of the
following elements, namely: (1) the taking of personal property belonging to another; (2) with
intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the
occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was
committed. A conviction requires certitude that the robbery is the main purpose and objective of
the malefactor, and the killing is merely incidental to the robbery. The intent to rob must precede
the taking of human life but the killing may occur before, during or after the robbery.
A special complex crime, also known as a composite crime, is composed of two or more
crimes but is treated by the law as a single indivisible and unique offense for being the product of
one criminal impulse. It is a specific crime with a specific penalty provided by law, and differs
from the compound or complex crime under Article 48 of the Revised Penal Code.
TOPIC #2: Credibility of Eyewitness
ISSUE #2: Whether or not the court was correct in giving credence to the eyewitness’
testimony?
RULING #2:
Yes, the court was correct. We do not find any weakness in the credibility of Joan as a
witness.
Nothing was presented by John to show that Joan had evil motives or ill will towards him
as to falsely or unfairly incriminate him in the commission of the heinous crime of robbery with
homicide. Neither did John adduce anything by which her testimony could be otherwise
discredited.There is need to remind, moreover, that the trial court's evaluation of the credibility
of witnesses is entitled to the highest respect and will not be disturbed on appeal considering that
the trial court was in the better position to decide such question, having heard the witnesses
themselves and observed their deportment and manner of testifying during the trial. Its findings
on the credibility of witnesses and the consequent findings of fact must be given great weight
and respect on appeal, unless certain facts of substance and value have been overlooked which, if
considered, could change the result of the case in favor of the accused.
TOPIC #3: Out-of-court Identification by Witness

ISSUE #3: Whether or not there was violation of accused’s rights in the witness’ out of
court identification?
RULING #3:
No, there was none.
We further find no violation of John's rights in relation to the out-of-court identification
of him made by Joan. Out-of-court identification is conducted by the police in various ways. It
is done thru show-ups where the suspect alone is brought face to face with the witness for
identification. It is done thru mug shots where photographs are shown to the witness to identify
the suspect. It is also done thru line-ups where a witness identifies the suspect from a group of
persons lined up for the purpose. Since corruption of out-of-court identification contaminates the
integrity of in-court identification during the trial of the case, courts have fashioned out rules to
assure its fairness and its compliance with the requirements of constitutional due process. In
resolving the admissibility of and relying on out-of-court identification of suspects, courts have
adopted the totality of circumstances test where they consider the following factors, viz: (1) the
witness' opportunity to view the criminal at the time of the crime; (2) the witness' degree of
attention at that time; (3) the accuracy of any prior description given by the witness; (4) the level
of certainty demonstrated by the witness at the identification; (5) the length of time between the
crime and the identification; and, (6) the suggestiveness of the identification procedure.
Under the totality-of-the-circumstances test, Joan's out-of-court identification of John

satisfied the foregoing standards. It is hardly disputed that Joan had the actual opportunity and
enough time to see John by face during the incident, from the time he entered the victims'
property until he approached and ordered her to keep quiet and to get the keys to her mother's
safety vault. In that span of time, her full attention was riveted to the startling incident that posed
extr.eme threat to her own life. Given the antecedents, her identification of him as one of the
robbers - whether out-of court or in-court - was well-founded, positive, and totally reliable.
TOPIC #4: Conspiracy

ISSUE #4: Whether or not the court was correct in proving that there was conspiracy?
RULING #4:
No, the court was not correct.
We consider the findings of the lower courts on the existence of the conspiracy to be
factually and legally unwarranted. Joan, although present at the scene of the crime, never
identified Ruel as part of the group of robbers. In fact, no witness placed him at the crime scene
during the entire period of the robbery. If we have always required conspiracy to be established,
not by conjecture, but by positive and conclusive evidence, then it was plainly speculative for the
CA to count Ruel as the fourth member of the group of robbers and even to name him as the
robbers' lookout outside the house despite the absence of evidence to that effect. On the contrary,
the records bear out that only Constancio saw Ruel, but such sighting of Ruel was after the
robbery when he was already driving the green motorcycle with John and another person on
board. This was not the overt act necessary to make Ruel a part of the conspiracy.
Conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it. Where the several accused were shown to have acted in
concert at the time of the commission of the offense, and their acts indicated that they had the
same purpose or common design and were united in the execution, conspiracy is sufficiently
established. The State must show at the very least that all participants performed specific acts
with such closeness and coordination as to indicate a common purpose or design to commit the
felony. To be held guilty as a co-principal by reason of conspiracy, therefore, the accused must
be shown to have performed an overt act in pursuance or in furtherance of the conspiracy. The
overt act or acts of the accused may consist of active participation in the actual commission of
the crime itself, or of moral assistance to his co-conspirators by moving them to execute or
implement the criminal plan.

G.R. No. 233334

Uploaded by

Copyright:

Available Formats

G.R. No. 233334

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

G.R. No. 233334

Uploaded by

Copyright:

Available Formats

G.R. No.

TOPIC #1: Nature of robbery with homicide

TOPIC #3: Out-of-court Identification by Witness

Under the totality-of-the-circumstances test, Joan's out-of-court identification of John

TOPIC #4: Conspiracy

You might also like