People v. Mendoza

Facts:

Sisters Ma. Grace and Ma. Ramilyn Zulueta were on their way home from their grandparents’ house in Sta. Mesa, Manila. They boarded a jeepney and was seated near the entrance of the jeep. Accused Romeo Mendoza was seated beside Grace. Jaime Rejale was seated beside Glory Oropeo who boarded the same jeep near the Stop and Shop Supermarket. When the jeepney reached the dark portion of Aurora Blvd. in San Juan, Metro Manila, near St. Pauls College, just after the bridge and before Broadway Centrum, someone announced a hold-up8 Both Mendoza and Rejali had guns while Jack was armed with a knife. It was Rejali who fired his gun.

A male passenger jumped off the jeepney and a commotion ensued. Perplexed (naguluhan) by this turn of events, the accused held Ramilyn who started kicking, trying to extricate herself from their grasp. This prompted Mendoza to hit her on the head with his gun. He boxed and kicked her, causing Ramilyn to fall out of the jeepney into the street where she rolled.

Grace was held by Mendoza and shouted “bitawan mo ako, bitawan mo ako” in an attempt to call the attendion of the drivers of the other vehicles of the road. One of the accused hit Grace on the head which caused her to lose consciousness and was confined to St. Lukes Hospital.

The accused were able to get P30.00 from Glory and afterwhich, the culprits made their escape.

Grace, who was then a student employed at the Pizza Hut for P3,000.00 a month, was confined in said hospital from May 30 to June 7, 1991 for head trauma; she had contusions and hematomas on the left temporal region and on the right occipito-parietal and anterior temporal regions, and abrasions on the supra orbital area as well as elbow. Ramon Zulueta, their father, spent around P 19,000.00 for Graces hospitalization.

Ramilyn was brought to UERM Hospital. When he got there, he learned that Ramilyn, 21 years old and a computer management student, had already died of severe, traumatic head injuries. The Zulueta family spent around P 15,000.00 for her interment.

2 days after the incident, the jeepney driver and his wife had surrendered to the police station in San Juan.

Grace found Mendoza selling ice cream. Mendoza was brought to the police station where he was identified by Grace in a line-up. Rejali was apprehended that same night by police operatives.

According to SPO1 Dalmacio Luces, Lucia Salinas, the wife of jeepney driver Virgilio Salinas, described one of the suspects to the NBI cartographer who came out with a sketch of his face. However, Luces failed to get a statement from Lucia.

The appellants interposed denial and alibi as defenses. Both of them were working as ice cream vendors.

Issue:

Are the facts attendant to this case constitutive of the crime of highway robbery with homicide under Pres. Decree No. 532 or of the felony of robbery with homicide under Art. 294 of the Revised Penal Code?

Held:

While there is proof beyond reasonable doubt to lay culpability on the appellants for the killing of Ma. Ramilyn Zulueta, the physical injuries sustained by her sister Grace and the asportation of Glory Oropeos thirty pesos, we do not agree with the trial court that the crime committed by appellants is covered by P.D. No. 532.

Petty robbery in public transport vehicles (with or without personal violence and death) committed against the middle and lower economic classes of society is as reprehensible as (if not more so than) large-scale robbery committed against the economically well-heeled. Nonetheless, the law must be interpreted not only to bring forth its aim and spirit but also in light of the basic principle that all doubts are to be resolved liberally in favor of the accused. As such, appellants may not be held liable under P.D. No. 532 but only under the provisions of the Revised Penal Code.

Dispositive: WHEREFORE, the Decision of the Regional Trial Court of Pasig, Metro Manila (Branch 156) in Crim. Case No. 87218 is hereby MODIFIED. Appellants Romeo Mendoza y Reyes and Jaime Rejali y Lina are hereby found GUILTY beyond reasonable doubt of the special complex crime of robbery with homicide and accordingly, each of them is hereby sentenced to suffer the penalty of reclusion perpetua. The other portions of the trial courts decision, including the monetary awards imposed against them, are AFFIRMED. Costs against appellants.