People v. Mancao


People v. Mancao

G.R. No. 228951

July 17, 2019


                The RTC and CA convicted the accused for the crime of robbery with homicide. On September 2, 2007, around 3:30 in the morning, he was in front of Toto's Eatery along Quirino Avenue, Davao City. About ten meters away, he saw Peter Enriquez texting while waiting for a jeepney ride. Appellant suddenly approached Enriquez from behind and stabbed the latter in the neck.  Appellant then dragged the victim toward an alley in Barangay. Shocked by what he saw, he ran home. Later, he saw appellant pass his house, running. Then, appellant passed his house again, this time carrying a dipper with water. He used the water to wash away blood stains off the crime scene and the alley where he dragged the lifeless body of his victim.


                Whether or not the CA erred in convicting the accused.


                No. Article 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. It requires the following elements: (1) taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is with animo lucrandi; and (4) by reason of the robbery, or on the occasion thereof, homicide is committed. A conviction for robbery with homicide 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.

                The inculpatory circumstances on record are: first, eyewitness Manuel Bernido, Jr. testified that on September 2, 2007, around 3:30 in the morning, he saw the victim texting on his cellphone while waiting for a jeepney ride. He also saw appellant stealthily moving from behind toward the victim, appellant then stabbed the victim in the neck. Thereafter, appellant dragged the victim's body toward an alley. Second, SPO2 Kelvin Magno testified that on September 4, 2007, when he and his team arrested appellant, they were able to recover from appellant's possession the victim's silver necklace. Lastly, the victim's father Pedro Enriquez confirmed that the silver necklace that was recovered from appellant was the necklace he gave his son.


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