PEOPLE v.

VERZOSA
PETITIONER:
People of the Philippines
RESPONDENT:
Romulo Verzosa y Garcia and Jerry Avendao y Mendoza, accused-appellants
SUMMARY:
The accused-appellants robbed a jeep on the C-3 Road and killed a passenger. The
Information was erroneously captioned as highway robbery with homicide (Violation of
P.D. 532). The trial court found them guilty of crime of
Highway robbery with homicide under P.D. 532 (Anti-Piracy and Anti-Highway Robbery Law
of 1974). On appeal, the SC found them liable for the special complex crime of robbery with
homicide instead.
DOCTRINE:
The designation of the crime in the Information as highway robbery with homicide
(Violation of P.D. 532) does not preclude conviction of the appellants of the crime of
robbery with homicide. In the interpretation of an Information, what controls is not the
designation but the description of the offense charged. The crime of robbery with homicide
was clearly alleged in the Information notwithstanding the erroneous caption.
FACTS:
1.
There was a hold-up in a passenger jeep cruising along C-3 Road, North Bay Boulevard,
Navotas, Metro Manila. One passenger fought back and was shot. He died. 2.
More than a week later, the appellants were positively identified by a passenger. 3.
The Information read: That on or about the 21 st day of April 1994, in Navotas, Metro
Manila, and within the jurisdiction of this Honorable Court, the above-named accused,
armed with a gun, conspiring, confederating ang mutually helping with (sic) one another,
with intent to gain and by means of violence and intimidation, did then and there willfully,
unlawfully and feloniously take, rob and carry away the passengers wristwatches with an
unestimated amount while aboard a passenger jeepney with Plate No. NYZ-655, along
NBB South, Navotas, Metro Manila and in the course thereof said accused with intent to
kill, willfully, unlawfully, and feloniously, shoot passenger ALBERTO APLAON, hitting the
latter on the back of his head, thereby inflicting upon the victim gunshot wound which
cause (sic) his immediate death. 4. Captioned: highway robbery with homicide (Violation
of P.D. 532) RTC found them guilty beyond reasonable doubt of the crime of Highway
Robbery with Homicide under P.D. 532.
ISSUE/S:

WON the conviction should be affirmed NO

RULING:
Conviction of crime of highway robbery with homicide is MODIFIED. Appellants are found
guilty of the special complex crime of robbery with homicide under Art. 294, RPC
RATIO:
1. P.D. 532 contemplates several accused organized for the purpose of committing
highway robbery indiscriminately. Such is not proven in this case.
2. On the other hand, the special complex crime of robbery with homicide is
committed when, on the occasion of the robbery, homicide resulted.
3. Despite the erroneous caption, the Information clearly alleged the crime of robbery
with homicide. It is an offense necessarily included in that with which they were
charged. Accused-appellants conviction of crime of robbery with homicide is
therefore not precluded