PEOPLE VS. MACAM [238 SCRA 306; G.R. NOS.

91011-12; 24 NOV 1994]

Tuesday, February 10, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts:

Prosecution’s version:

On Aug 18,1987, Eduardo Macam, Antonio Cedro, Eugenio Cawilan

Jr., Danilo Roque and Ernesto Roque went to the house of Benito
Macam (uncle of Eduardo Macam) located at 43 Ferma Road QC.
Upon the arrival of the accused, Benito invited the former to have
lunch. Benito asked his maid Salvacion Enrera to call the
companions of Eduardo who were waiting in a tricycle outside the
house. A. Cedro, E. Cawilan and D. Roque entered the house while
E. Roque remained in the tricycle. After all the accused had taken
their lunch, Eduardo Macam grabbed the clutch bag of Benito
Macam and pulled out his uncle’s gun then declared a hold-up. They
tied up the wife (Leticia Macam), children, maid (Salvacion) and Nilo
Alcantara and brought them to the room upstairs. After a while
Leticia was brought to the bathroom and after she screamed she
was stabbed and killed by A. Cedro. Benito, Nilo and Salvacion was
also stabbed but survived. The total value of the items taken was
P536, 700.00.

Defense’s version:

Danilo Roque stated that he being a tricycle driver drove the 4

accused to Benito’s house for a fee of P50.00. Instead of paying
him, he was given a calling card by Eduardo Macam so that he can
be paid the following day. Upon arriving, he went with the accused
inside the house to have lunch. Thereafter he washed the dishes
and swept the floor. When Eugenio Cawilan pulled a gun and
announced the hold-up, he was asked to gather some things and
which he abided out of fear. While putting the said thins inside the
car of Benito (victim) he heard the accused saying “kailangan
patayin ang mga taong yan dahil kilala ako ng mga yan”. Upon
hearing such phrase he escaped and went home using his tricycle.
He also testified that his brother Ernesto Roque has just arrived
from the province and in no way can be involved in the case at bar.
On the following day, together with his brother, they went to the
factory of the Zesto Juice (owned by the father of Eduardo Macam)
for him to get his payment (50.00) . He and his brother was
suddenly apprehended by the security guards and brought to the
police headquarters in Q.C. They were also forced to admit certain
things.

After which, he together with all the accused, in handcuffs and bore
contusions on their faces caused by blows inflicted in their faces
during investigation, was brought to the QC General Hospital before
each surviving victims and made to line-up for identification.
Eugenio Cawilan was also charged with Anti-fencing Law but was
acquitted in the said case.

Issue: Whether or Not their right to counsel has been violated.

WON the arrest was valid. WON the evidence from the line-up is
admissible.

Held: It is appropriate to extend the counsel guarantee to critical

stages of prosecution even before trial. A police line-up is
considered a “critical” stage of the proceedings. Any identification of
an uncounseled accused made in a police line-up is inadmissible.
HOWEVER, the prosecution did not present evidence regarding
appellant’s identification at the line-up. The witnesses identified the
accused again in open court. Also, accused did not object to the in-
court identification as being tainted by illegal line-up.

The arrest of the appellants was without a warrant. HOWEVER, they

are estopped from questioning the legality of such arrest because
they have not moved to quash the said information and therefore
voluntarily submitted themselves to the jurisdiction of the trial court
by entering a plea of not guilty and participating in trial.

The court believed the version of the prosecution. Ernesto Roque,

while remaining outside the house served as a looked out.

Wherefore, decision of lower court is Affirmed. Danilo Roque and

Ernesto Roque is guilty of the crime of robbery with homicide as co-
conspirators of the other accused to suffer reclusion perpetua.

Things taken: 2 toygun, airgun riffle, CO2 refiller, TV, betamax

tapes, betamax rewinder, Samsonite attache case, typewriter,
chessboard, TOYOTA Crown Car Plate No. CAS-997, assorted
jewelry. .22 gun and money.