PEOPLE OF THE PHILIPPINES

vs.
JUAN GONZALES ESCOTE
G.R. No. 140756, April 4, 2003

Facts:
On September 8, 1996, Juan Escote and Victor Acuyan announced hold-up on a bus on its
way to Bolinao. On board was Rodolfo Cacatian, the driver, Romulo Digap, the conductor,
and SPO1 Jose Manio. The felons ordered Manio to give them his identification and service
gun before telling him “Pasensya ka na Pare, papatayin ka namin, baril mo rin and papatay
sa iyo.”. Manio pleaded for his life and said  "Pare maawa ka sa akin. May pamilya ako." but
the felons ignored him and proceeded to shoot six (6) times. They instructed the driver,
Rodolfo Cacatian, to not report the incident before leaving the bus on an overpass in
Mexico, Pampangga.

Juan Gonzales Escote was apprehended when he was caught lying by claiming that he was a
police officer. Later on he admitted that he and Victor Acuyan, were the ones who robbed
the five-star bus and killed Jose Manio.

Issue:
1. Whether or not treachery is a generic aggravating circumstance in robbery with
homicide.
2. Whether or not treachery may be appreciated against the accused.

Ruling:
Yes. Robbery with homicide is classified as a crime against property. Nevertheless, treachery
is a generic aggravating circumstance in said crime if the victim of homicide is killed
treacherously.

No. Even if treachery is proven but it is not alleged in the information, treachery cannot
aggravate the penalty for the crime

The Decision of the Regional Trial Court of Bulacan is hereby AFFIRMED with
MODIFICATIONS.