Distinguishing Robbery from Highway Robbery: Why the Location of the Crime Matters

TLDR: This case clarifies the crucial distinction between simple robbery and highway robbery in the Philippines. While both involve theft through violence or intimidation, highway robbery specifically targets indiscriminate victims on highways and carries a heavier penalty. This ruling highlights that robbery on a passenger jeepney, targeting specific individuals, constitutes simple robbery with homicide, not highway robbery.

G.R. No. 118944, August 20, 1998

INTRODUCTION

Imagine being a passenger on a jeepney, heading to work, when suddenly, chaos erupts. A holdup is declared, valuables are snatched, and tragically, someone loses their life. Is this a typical robbery, or something more sinister? Philippine law distinguishes between different types of robbery, and the case of People of the Philippines vs. Romulo Versoza and Jerry Avendaño delves into a critical distinction: robbery versus highway robbery. This case underscores that the location and nature of the crime – specifically, whether it’s an indiscriminate attack on a highway versus a targeted robbery – significantly impact the legal classification and penalties.

In this case, Romulo Versoza and Jerry Avendaño were initially convicted of highway robbery with homicide for a crime committed on a passenger jeepney. The Supreme Court, however, refined this conviction, clarifying the precise scope of highway robbery under Presidential Decree No. 532. This distinction is not merely academic; it determines the severity of the punishment and reflects the law’s intent to address specific types of criminal behavior. Understanding this difference is crucial for both legal practitioners and the public to grasp the nuances of robbery laws in the Philippines.

LEGAL CONTEXT: ROBBERY AND HIGHWAY ROBBERY DEFINED

Philippine law, particularly the Revised Penal Code (RPC) and Presidential Decree No. 532 (P.D. 532), addresses various forms of robbery. Simple robbery, as defined under Article 293 of the RPC, involves the taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of any person or force upon things. When homicide occurs “by reason or on occasion” of the robbery, it becomes the special complex crime of robbery with homicide, penalized under Article 294 of the RPC.

Highway robbery, on the other hand, is a more specific offense defined and penalized under P.D. 532, also known as the “Anti-Piracy and Anti-Highway Robbery Law of 1974.” Section 2(e) of P.D. 532 defines highway robbery or brigandage as:

“(t)he seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things or other unlawful means, committed by any person on any Philippine Highway.”

The crucial distinction lies in the intent and location. Highway robbery, as envisioned by P.D. 532, targets “indiscriminate highway robbery,” aimed at lawless elements who “commit acts of depredation upon persons and properties of innocent and defenseless inhabitants who travel from one place to another.” This law was enacted to curb widespread lawlessness on highways, disrupting peace and hindering national progress.

The Supreme Court in People v. Puno (219 SCRA 85, 98) clarified this distinction, stating, “In fine, the purpose of brigandage is, inter alia, indiscriminate highway robbery. If the purpose is only a particular robbery, the crime is only robbery, or robbery in band if there are at least four armed participants.” This ruling emphasized that P.D. 532 is not meant for isolated robbery incidents but for systematic, indiscriminate acts of highway robbery.

CASE BREAKDOWN: FROM JEEPNEY HOLDUP TO SUPREME COURT CLARIFICATION

The events unfolded on April 21, 1994, when Arthur Dojenas boarded a passenger jeepney in Caloocan City. Around 9:00 a.m., while traversing North Bay Boulevard in Navotas, Romulo Versoza declared a holdup. Versoza grabbed Alberto Aplaon’s necklace, but Aplaon resisted, even managing to wrestle Versoza’s firearm away. At this point, Jerry Avendaño, seated at the rear, shot Aplaon in the head. Before fleeing, one of the robbers snatched a passenger’s wristwatch. Aplaon died from the gunshot wound.

Eyewitness Arthur Dojenas recounted the events to the police, leading to the arrest of Versoza and Avendaño. Dojenas positively identified both in police lineups. In court, both accused presented alibis: Versoza claimed to be selling prawns at a market, and Avendaño stated he was applying for a job in Ermita. The Regional Trial Court (RTC) of Malabon, Branch 72, convicted them of highway robbery with homicide, relying heavily on Dojenas’ eyewitness testimony and rejecting the alibis.

The RTC sentenced them to life imprisonment and ordered them to pay civil indemnity, interment expenses, and moral damages to Aplaon’s heirs. Versoza and Avendaño appealed, questioning the reliability of Dojenas’ identification and arguing that the prosecution failed to prove conspiracy. Avendaño even contested his name, claiming to be “Cherry” not “Jerry.”

The Supreme Court, in its decision penned by Justice Kapunan, upheld the RTC’s finding of guilt but modified the crime. The Court affirmed Dojenas’s positive identification, applying the “totality of circumstances test” from People vs. Teehankee (249 SCRA 54, 95), which considers:

• Witness’s opportunity to view the crime
• Witness’s degree of attention
• Accuracy of prior descriptions
• Witness’s certainty in identification
• Time between crime and identification
• Suggestiveness of identification procedure

The Court found Dojenas’s identification solid and credible. Regarding Avendaño’s name discrepancy, the Court dismissed it as a trivial issue raised too late in the proceedings.

However, the Supreme Court disagreed with the RTC’s classification of the crime as highway robbery. Quoting People v. Puno, the Court reiterated that highway robbery under P.D. 532 is intended for “indiscriminate highway robbery.” In this case, the robbery was directed at specific passengers on a jeepney, not an indiscriminate act against highway travelers in general. The Court stated:

“Indeed, it is hard to conceive of how a single act of robbery against a particular person chosen by the accused as their specific victim could be considered as committed on the ‘innocent and defenseless inhabitants who travel from one place to another,’ and which single act of depredation would be capable of ‘stunting the economic and social progress of the people’ as to be considered ‘among the highest forms of lawlessness condemned by the penal statutes of all countries,’ and would accordingly constitute an obstacle ‘to the economic, social, educational, and community progress of the people,’ such that said isolated act would constitute the highway robbery or brigandage contemplated and punished in said decree. This would be an exaggeration bordering on the ridiculous.”

Therefore, the Supreme Court reclassified the crime as robbery with homicide under Article 294(1) of the Revised Penal Code, maintaining the penalty of reclusion perpetua (life imprisonment) and the awarded damages.

PRACTICAL IMPLICATIONS: WHAT THIS MEANS FOR ROBBERY CASES

This case provides a crucial clarification on the application of P.D. 532. It reinforces that not every robbery occurring on a highway is automatically highway robbery. The law specifically targets indiscriminate acts of brigandage that disrupt public order and economic progress on a larger scale. Isolated robbery incidents, even on highways, but directed at specific victims, fall under the general provisions of robbery in the Revised Penal Code.

For law enforcement and prosecutors, this ruling emphasizes the need to properly classify robbery cases. Charging highway robbery requires demonstrating that the act was part of an indiscriminate pattern, not just a targeted crime. For defense lawyers, this case offers a potential avenue to argue against highway robbery charges if the crime was directed at specific individuals rather than being indiscriminate.

For the general public, this case highlights that while all forms of robbery are serious crimes, the law differentiates based on context and intent. It also underscores the importance of eyewitness testimony and proper identification procedures in criminal cases.

Key Lessons:

• Location is not everything: A robbery on a highway is not automatically