People vs del Rosario

Facts of the Case

The accused Joselito del Rosario y Pascual is convicted as a co-principal of the crime of Robbery
with Homicide that transpired between 6:00 to 6:30 on the evening of May 13, 1996 and the
accused was then sentenced to death. The accusation on the accused was based from the
eyewitness account of a trycicle driver Paul Vincent Alonzo, who claimed that the accused was
the driver of the trycicle that was used as a get-away vehicle of Ernesto Marquez alias Jun,
Virgilio Santos alias Boy Santos and John Doe alias Dodong. Alonzo, the eyewitness immediately
chased the individuals and was able to identify the plate number of the trycicle, Alonzo then
reported the incident to the nearest police headquarters. The police invited the accused for
questioning, del Rosario then, willingly told the police that he dropped them at Baranggay
Dicarma . Police proceeded to the said whereabouts composed of 15 armed men where a shoot-
out transpired that lasted from 1:00 to 4:00 in the afternoon. After the fire fight, police found
marquez dead, holding a gun and a magazine, while the shoot-out is happening, the accused, del
Rosario was handcuffed by the police, thinking that del Rosario might escaped. After the
incident they went back to the police station, where the investigators took the statement of the
accused on May 14,1996, and was subscribed on May 22,1996. He was detained at the police
station as ordered. His statements was signed on May 16,1996, and executed a waiver of his
detention.
Issue regarding Criminal Procedure
The accused, del Rosario was invited for questioning, however during the questioning, the
investigation was no longer general questioning but as a custodial investigation, where the
investigators already considered the accused as a suspect of the crime. During the custodial
investigation, the accused was deprived of his right to remain silent and to have a competent and
independent counsel in the course of the investigation, from the time of the invitation, he was
already at effective custodial investigation where he was not made aware thereof by the
investigating officers. The accused also contested that his arrest was unlawful, during the shoot-
out transpired, police officers handcuffed the accused, because they allegedly had gathered
enough evidence against him and thinking del Rosario might escape. Although, the warrantless
arrest is unlawful, it does not affect the jurisdiction because the accused did not object it before
the arraignment.
Ruling of the Court
The Supreme Court disagree the decision of the trial court, the Supreme Court clearly stated that
when a person who acts under the compulsion of an irresistible force, like one who acts under
the impulse of an uncontrollable fear of equal or greater injury, is exempt from criminal liability
because he does not act with freedom. In Del Rosario case, he was forced to drove his trycicle
because he was ordered to do it and cannot disagree since a gun was pointing at him and his life
is in danger or at risk, it is natural to a person to feel fear when threatened by a weapon or a tool
that will inflict danger or harm. The Supreme Court also disagree on the issue of conspiracy,
since del Rosario just met the perpetrators, it is not considered as a conspiracy because
conspiracy is done when two or more person come up a plan or agreement to commit a crime,
del Rosario faced a threat that leads him to act against his own will. Also by the time of Custodial
Investigation, the accused had been deprived of his right to remain silent and to have a
competent and independent counsel, therefore, the Supreme Court reversed the decision of the
Regional Trial Court of Cabanatuan City, and ordered that the accused is acquitted of the crime
charged.