G.R. No. 242213 - PEOPLE OF THE PHILIPPINES, VS. ROGER ENERO, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the court finds [accused-appellant] ROGER ENERO guilty beyond reasonable doubt of the crime of ROBBERY WITH MULTIPLE HOMICIDE and hereby imposes upon him: 1. The penalty of RECLUSION PERPETUA for the death of Mabel Ulita ; 2. The penalty of RECLUSION PERPETUA for the death of John Clark Ulita; 3. The penalty of RECLUSION PERPETUA for the death of Medirose Paat. The accused is further directed to pay the heirs of Mabel Ulita, Clark John Ulita and Medirose Paat the total amount of Three Hundred Thousand (PhP300,000.00) Pesos as actual damages, Seventy Five Thousand (PhP 75,000.00) each victim as death indemnity; Fifty Thousand Pesos (PhP 50,000.00) pesos each victim as Moral damages and the amount of Twenty Five Thousand (PhP 25,000.00) Pesos each victim as Exemplary Damages and to pay the costs. Considering that accused Mervin Verbo, Mario Agbayani and John Doe are still at large, let the records of the case be sent to the archived (sic) to be reinstated upon their arrest. For this purpose, let an Alias Warrant of Arrest be issued for their immediate apprehension. SO ORDERED . [22] On appeal, the CA, in a Decision [23] dated March 27, 2018, maintained that there was no evidence presented which would prove that the complex crime of robbery with homicide took place. Accused-appellant's complicity to such crime, which was entirely based on the extrajudicial confessions of Mervin and Ernesto, remained unproven. Such confessional statements constitute hearsay evidence. [24] The CA found that no evidence was presented to prove that the elements of the crime of robbery were present nor the intent of accused-appellant and his cohorts to rob the place and the killings were only incidental so as to convict accused-appellant of such complex crime. [25] However, the CA found that the crime of murder, qualified by treachery, was committed, as circumstantial evidence exists which proves that accused-appellant participated in the killing of Mabel, Clark, and Medirose. The fallo thereof reads: WHEREFORE , the appeal is hereby DENIED . The Decision of the Regional Trial Court, Branch 8, Aparri, Cagayan in Criminal Case No. 11-10717 is AFFIRMED with MODIFICATIONS . Accused-Appellant ROGER ENERO is hereby found guilty beyond reasonable doubt of the Murder of Mabel Ulita y Bumanglag, Clark John John Ulita y Bumanglag, and Medirose Paat y Berbano and thus he is sentenced to suffer the penalty of reclusion perpetua, without eligibility of parole, for each of the three killings. The accused-appellant Roger Enero is also held liable for civil damages to the heirs of Mabel Ulita y Bumanglag, Clark John John Ulita y Bumanglag and Medirose Paat y Berbano, separately, in the following amounts: [P] 100,000.00 as civil indemnity ex delicto ; [P] 100,000.0 as moral damages; [P] 100,00.00 as exemplary damages; and [P]50,000.00 as temperate damages. All amounts awarded, including the temperate damages, shall earn an interest of 6% [per annum] from