People v. Bacyaan


People v. Bacyaan

G.R. No. 238457

September 18, 2019


                The RTC and CA convicted Jojo Bacyaan y Sabaniya, Ronnie Fernandez y Gonzales and Ryan Guevarra y Sipria for the crime of Robbery with Homicide under Art. 294 (1) of the RPC. Giovanni Cuadro testified that on May 31, 2017 he boarded the JMK bus along Ayala Avenue, Makati City. When the bus reached EDSA, 6 men armed with guns and a grenade, declared a hold-up. He identified Bacyaan as the one who announced the hold-up. Thereafter, appellants grabbed a passenger to use as a shield. They saw a Mitsubishi Adventure van and boarded it and took the NLEX for an exit route.


                Whether or not the CA correctly convicted the accused-appellants


                Yes. It is settled that “when the decision hinges on the credibility of witnesses and their respective testimonies, the trial court’s observations and conclusion deserve great respect and are often accorded finality,” unless it appears that the lower courts had overlooked, misunderstood or misappreciated some fact or circumstance of weight, which, if properly considered, would alter the result of the case. Elements for robber with homicide are as follows: 1.) the taking of personal property belonging to another 2.) with intent to gain or animus lucrandi 3.) with the use of violence or intimidation against a person 4.) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed.


No comments:

Post a Comment