G.R. No. 206227 , August 31, 2016.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. STANLEY BUENAMER y MANDANE, Accused-Appellant.

FACTS

Accused-appellant Stanley Buenamer and his co-accused Jerome Lambada were charged with Robbery with Homicide. The information alleged that on October 20, 2009, in Manila, they conspired to rob passengers of an FX taxi by announcing a hold-up and pointing guns at them. They divested Ferrarie Tan of a bag containing a Sony PSP and cash amounting to ₱5,460.00. When Ferrarie Tan chased the accused as they boarded a jeepney to escape, he was boxed, causing him to lose his grip, fall from the jeepney, and be run over by its rear tire, resulting in his death.
During trial, prosecution witnesses testified to the following: Diana David, a passenger in the FX, witnessed the hold-up and heard Ferrarie Tan pleading. She saw the robbers’ faces. After escaping, she shouted for help. MTPB traffic enforcer James Mendez responded and saw a person in a white uniform (Ferrarie Tan) holding onto the jeepney’s handle bar, trying to retrieve his belongings from Buenamer, who was seated in front. Mendez witnessed Buenamer strike or box Ferrarie Tan, causing him to fall and be run over by the jeepney’s rear tire. MTPB enforcer Peter Paul de Jesus chased the jeepney and apprehended Buenamer after a tricycle accidentally ran over him. Recovered from Buenamer were a Sony PSP, a cellphone, a brown envelope with Ferrarie Tan’s name, a pay slip with ₱5,460.00, and a .38 caliber revolver. The medico-legal officer testified that Ferrarie Tan’s injuries, including fractured ribs and macerated lungs, caused his death. The accused waived their right to present evidence.
The Regional Trial Court found Buenamer guilty of Robbery with Homicide and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction. Buenamer appealed, arguing that his identity was not sufficiently established and that the mitigating circumstance of lack of intent to commit so grave a wrong should be appreciated.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant Stanley Buenamer’s conviction for the crime of Robbery with Homicide.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED the Court of Appeals’ Decision with MODIFICATION. The Court held that all elements of Robbery with Homicide were proven beyond reasonable doubt: (1) the taking of personal property with intent to gain, (2) the taking was with violence or intimidation against persons, (3) the property belonged to another, (4) the taking was animo lucrandi, and (5) on the occasion or by reason of the robbery, homicide was committed. The robbery was established by the credible testimonies of eyewitnesses, and the homicide (Ferrarie Tan’s death) occurred by reason of the robbery as he was killed while trying to recover his stolen property during the accused’s flight.
The Court rejected Buenamer’s claim of mistaken identity, finding the testimonies of eyewitness Diana David and traffic enforcer James Mendez credible and sufficient for positive identification. The Court also ruled that the mitigating circumstance of lack of intent to commit so grave a wrong under Article 13(3) of the Revised Penal Code is not applicable. In the special complex crime of Robbery with Homicide, the intent to commit the robbery is presumed to encompass the intent to commit the homicide, and the accused is liable for all the natural and logical consequences of his felonious act.
The Court modified the damages awarded. Accused-appellant Stanley Buenamer is sentenced to reclusion perpetua and ordered to pay the heirs of Ferrarie Tan: ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱75,000.00 as exemplary damages, all with interest at 6% per annum from the finality of the decision until fully paid.