People vs Jaranilla, 55 SCRA 563
Criminal Case Digest:
Digested Cases
Facts:
The case is an appeal
of the defendants Elias Jaranilla, Ricardo Suyo, and Franco Brillantes from the
decision of the Court of First Instance of Ilo-ilo which convicted the accused
of robbery and with homicide, and sentenced each of them to Reclusion Perpetua
and ordered the accused to pay solidarily the sum of six thousand pesos to the
heirs of Ramonito Jabatan and the sum of five hundred pesos to Valentin Baylon
as the value of five fighting cocks.
It should also be noted
that the accsued, Elias Jaranilla, has escaped from the provincial jail and no
record shows that he has been appreheanded.
Issue:
Held:
The killing of the
peace officer is characterized as homicide because the act was made during the
spur of the moment and the treacherous mode of attack was not consciously or
deliberately adopted by the offender. In addition, only persons who perpetrated
the killing is responsible for such action. Furthermore, mere presence in the
crime scene does not necessarily make a person co-principal thereof.
Hence, only the
accused, Elias Jaranilla, who perpetrated the killing is responsible and liable
for robbery and homicide. The co-accused, Suyo and Brillantes, are convicted of
theft. Therefore, the decision of the lower court is reversed and sentenced the
accused, Ricardo Suyo and Franco Brillantes, as co-principals in the crime of
theft.
No promulgation as to
the accused, Elias Jaranilla, that being stated that the accused has escaped
from the provincial jail.
