G.R. No. 177768 July 27, 2009
PEOPLE OF THE PHILIPPINES, Appellee,
CHARMEN OLIVO y ALONG, NELSON DANDA y SAMBUTO, and JOEY ZAFRA y REYES, Appellants.
Accused-Appellants were found guilty reasonable doubt for the crime of Robbery with Homicide both by the RTC and Court of Appeals.
Based from the Information dated Nov.29, 2000, the three accused conspired to engaged in robbery done in a hardware store. They were able to take 35,000, but on the process, they assaulted and killed the store owner.
But when the case was appealed before the Supreme Court, it was found out that the accused-appellants was arrested without a warrant during a buy-bust operation for selling illegal drugs and not for robbery with homicide. Further, during the investigation at Camp Karingal, the accused was made to stand in a police line- up and identified by the eyewitness who failed to identify them three times.
Whether the accused-appellants can be convicted guilty beyond reasonable doubt for the crime of Robbery with homicide despite the dubious and questionable circumstances of the trial.
The Supreme Court reversed the decision of RTC and CA for two reasons: One, the accused-appellants were not arrested for the crime of robbery with homicide but were arrested during a buy-bust operation; Second, the material fact that the lone alleged eyewitness, Maricel Permejo, was not able to identify them as the perpetrators of the crime, their guilt has not been proved with the required quantum of evidence.
SC ruled that with respect to the insufficiency of the prosecution evidence to convict appellants beyond reasonable doubt, trial courts are mandated not only to look at the direct examination of witnesses but to the totality of evidence before them. In every case, the court should review, assess and weigh the totality of the evidence presented by the parties. It should not confine itself to oral testimony during the trial. In the absence of clear and convincing evidence that the tribunals ignored, misconstrued or misapplied facts and circumstances of substances such that, if considered, the same will warrant the modification or reversal of the outcome of the case.
The accused-appellants upon appeal were acquitted. The other accused, Joey Zafra, who was likewise convicted on the same evidence but did not perfect an appeal, was also acquitted because the present rule provides that an appeal taken by one or more several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter.