PEOPLE vs CONSEJERO G.R. No.

118334 February 20, 2011

PEOPLE vs CONSEJERO
G.R. No. 118334
February 20, 2011

FACTS: Morning of May 26, 1989, the dead bodies of Modesto Castillo and Dionisio Usigan were found not far
from the river bank of Brgy. Jurisdiccion, Lal-lo, Cagayan. The two were killed by allegedly killed by Larry
Consejero, herein accused and Rommel Malapit (still at large).

According to the testimony of Melchor Pulido, He was invited by Consejero to gather fish caught in the Cagayan
River. Then he, together with Consejero and Malapit, who were both armed with M-14 rifle, rode a banca towards
Brgy. Jurisdiccion aound 8:00-9:00PM of May 25, 1989. After emptying the contents of the fishnets, they saw
motorized banca at a distance and they paddled towards the said banca. The people riding on the said motorized
banca were the victims, Castillo and Usigan. Consejero then asked the two if they were the people who demand
quota from Brgy. Capt. Bacuyan to which the two replied “No.” Afterwards, Consejero asked the two if there is any
store nearby which the two affirms. Consejero then asked the two men to accompany them to the said store and
so the two bancas proceeded to the river bank.

Upon reaching the shore, Consejero said that only one man should accompany them, hence Usigan went with
them and they went to the northeast direction. After 10 minutes, Consejero and Malapit retuned with armalite and
bolo respectively but Usigan was no were in sight. Consejero then ordered Malapit to tie the hands of Castillo and
then they brought him to the same northeast direction. The two returned without Castillo. Consejero then
detached the engine of the motorized banca ridden by Usigan and Castillo and told Pulido to stand as lookout.
They then head home after loading the said engine to their banca. On their way, Cansejero and Malapit told
Pulido that Usigan and Castillo were already dead and threatened him that they will kill him and his family if he
reveals what he knew.

The following day, the lifeless bodies of Usigan and Castillo were found and the postmortem examination reveals
that the two died around 7:00PM-12:00MN of May 25, 1989.

The two accused, Consejero and Malapit were found guilty by the trial court of robbery with homicide.

ISSUE: Whether or not the crime committed was a special complex crime of robber with homicide.

RULING: No. The SC believes that the crime committed were separate crime of robbery and homicide
based on the evidence and testimony presented.

The elements of Robbery with homicide are: a) taking of personal property with the use of violence, or intimidation
against a person; b) the property taken belongs to another; c) the taking is characterized with intent to gain and d)
on the occasion of robber, or by reason thereof, the crime of homicide, which is therein used in a generic sense,
was committed.

In the present case, the Court finds that it does not appear that the main purpose of Consejero in accosting the
two deceased was to rob the engine of the motorized banca. From all indications, Consejero, a CAFGU member,
was primarily interested in taking the life of the two deceased whom he suspected to be the ones taking quota
from the Brgy. Captain, and the taking of the engine of the banca was merely an afterthought that arose
subsequent to the killing of the victims.

Consejero was then charged of three different crimes, namely: murder for the killing of Castillo, because the killing
was undoubtedly attended by circumstance of treachery (by tying the victim’s hand); homicide for the death of
Usigan, because although treachery was alleged in the information, the Court finds that there is no evidence
showing that Consejero and Malapit adopted means and methods that would make certain the killing of the victim
would not cause risk to them; and theft for taking the engine of the motorized banca ridden by the two deceased
and owned by a certain Jaime Israel.