People vs Escote

GR 140756
April 4, 2003
In re: Article 14, par 16 of the RPC
Facts: On September 28, 1996 past midnight on the Five Star Bus on its way to Bo
linao, Pangasinan was held up in Plaridel, Bulacan by Juan Gonzales Escote, Jr.,
Victor Acuyan and 4 others. SPO1 Jose C. Manio Jr. was on the bus as well, when
Escote and Acuyan found out that Manio Jr was a police officer they took his se
rvice gun and shot him several times with his service gun, killing him. On Octob
er 25, 1996 at about midnight, Escote was caught using Manio Jr's ID. Escote gav
e up Acuyan and Acuyan was arrested in Laoang, Northern Samar. Both were found g
uilty of Robbery with Homicide with the aggravating circumstance of treachery an
d sentenced to death. They contend the sentence.
ISSUE: WON treachery was correctly appreciated.
HELD: No. The reason the sentence was set to maximum was due to the RTC finding
treachery to be qualifying in the killing of Manio Jr. It is true that treachery
was attendant when they had killed the officer, but the charges they are facing
is Robbery with Homicide. Robbery with homicide is a special complex crime that
is primarily against property and that the homicide is only incidental to the r
obbery. Treachery can only qualify the crime if it against person, being a gener
ic aggravating circumstance in robbery with homicide. Also with the advent of th
e Revised rules of court stating that in Section 8, Rule 110 that aggravating an
d qualifying circumstances must be alleged in the information and proven in tria
l before they are to be applicable, through retroactivity and favorableness to t
he accused, the fact that it was not alleged nullifies the circumstance of treac
hery in aggravating the crime. The sentence is modifed to Reclusion Perpetua.