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Sample of Resolution
Sample of Resolution
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Iloilo
P/Sr. Insp. MARCO A. JARODA,
________________
Complainant,
I.S.
NO:
The Respondents, TITO CRUZ and VIC CRUZ were charged of the crime
of ROBBERY WITH HOMICIDE in a complaint filed by Police Senior Inspector
MARCO A. JARODA.
In support of his complaint, the herein complainant attached the
following documents:
1. Joint Affidavits of Bea S. Robles and Francesca S. Campos;
2. Affidavit of Geraldine B. Demetri;
3. Affidavit of Paris J. Michaels;
4. Affidavit of Police Officer Romeo V. Benamarca;
5. Death Certificate of Joey Cruz;
6. Autopsy Report of Joey Cruz;
7. Anatomical Sketch of Joey Cruz;
8. Police Record of Events and others.
Statement of Facts
Based on the investigation conducted by the Police Investigator, PO2
JANVIC CHAN, the facts of the case are stated hereunder:
That on or about the 24th day of May 2008, at around 12:45
in the afternoon in Tabuc Suba, Jaro, Iloilo City, Philippines, the
respondents together with the deceased JOEY CRUZ conspiring
and confederating together and mutually helping one another,
while armed with
a handgun staged a hold-up at Iloilo
Supermart, Tabuc Suba, Jaro Branch owned and operated by
JHONNY B. QUE. That while inside, the respondents took or steal
away an amount of forty eight thousand (Php 48, 000) pesos and
food stuffs from the grocery. Thereafter, they proceeded to
Pototan, Iloilo to divide the loot among themselves. While they
were dividing the loot, an argument ensued between TITO CRUZ
and JOEY CRUZ which prompted TITO CRUZ to draw his gun and
shot JOEY CRUZ in the forehead, killing the latter instantly.
In the joint affidavit of witnesses Bea S. Robles and Francesca R.
Campos, they stated that on May 24, 2008 at about 12:45 in the afternoon,
they were inside Iloilo Supermart when the robbery happened. While
standing in Counter 1 to pay for their groceries, they saw a man pointing a
gun at the cashier and declared a Hold up! while his two companions
emptied the cash registers and took some grocery stuffs.
In the affidavit of Geraldine B. Demetri, one of the cashiers on duty
during the time of the robbery, stated that while she was at Counter 1, a
person pointed his gun to her and immediately declared a hold up!and two
other customers who were falling in line to pay were ordered to drop on their
knees. One of the robbers emptied the cash registers while the other took
some grocery stuffs.
In the affidavit of Paris J. Michaels, one of the customers during the
time of the robbery, stated that while she was standing near the cosmetics
section, she heard a person declaring a hold up!. The other robber forced
her to join the other customers to kneel down near counter 1. That after
emptying the cash registers and taking some groceries, one of the robbers
shouted lakat na kita!. They immediately drove away using a red owner
type jeep.
And in the affidavit of Police Senior Inspector Romeo V. Benamarca,
stated that he was patrolling at Brgy. Mabalud, Pototan when he heard a
gunshot from an abandoned rice mill. When he proceeded to the area, he
saw TITO CRUZ holding a .45 caliber pistol and the lifeless body of JOEY
CRUZ lying on the ground with his own blood, while VIC CRUZ was just
standing a meter away from TITO CRUZ. He recovered an amount of forty
eight thousand (Php 48, 000) pesos inside a clear plastic bag with printed
logo of Iloilo Supermart. That he immediately arrested TITO and VIC CRUZ
and brought them to the Pototan Police Station, while JOEY CRUZ was
brought to the nearest hospital. That upon further search in the crime scene,
an empty bullet shell and three (3) live ammunitions were likewise recovered
and turned over to the exhibit custodian SPO2 Roger M. Carman.
As for the respondents, in their counter-affidavits, they vehemently
denied the accusations against them putting up self-defense and alibi as
their defenses. TITO CRUZ alleged that on May 24, 2008, he and his cousins
VIC and JOEY were on a drinking spree, which started from eight oclock in
the morning and ended at around 2 oclock in the afternoon. That he was
awakened by the shouting of his live-in partner TITA and the commotion
outside of his house. He then took his gun and went out. There, he saw JOEY
holding a bag with TITOs money. Upon seeing him, while carrying a bolo,
JOEY ran towards TITO. So the latter shot the former in order to defend
himself.
VIC CRUZ likewise denied the allegations against him, stating that after
their drinking spree on May 24, 2008, he went home. And at about four
oclock in the afternoon of the said day, he was awakened by his mother
telling him that there were police officers looking for him. He then voluntarily
went to the police station to answer the charges against him.
Analyses/ Findings and Recommendations
Article 294 of the Revised Penal Code specifically states:
Art. 294. Robbery with violence against or intimidation of persons- Penalties
Any person guilty of robbery with the use of violence or intimidation of any
person shall suffer: