In a 20-page decision penned by Associate Justice Conrado Vasquez, Jr., the Court of Appeals said that the gang members, led by Fire Officer 1 Felipe de la Cruz, Audie Dona, Alfredo Baracas, Eduardo Palacpac, Bernardo Ranara, Joemari de los Reyes, Dominador Recepcion, Robert Alfon, and a certain Michael and Peter were indeed guilty of the crimes of robbery with homicide and robbery in bond.
The court of appeals junked the motion of De la Cruz’s group for an automatic review of the ruling of Quezon City Regional Trial Court which sentenced them to death for the robbery with homicide and another six years as minimum and 12 years imprisonment as maximum for robbery.
In their appeal, De la Cruz’s group said that even assuming that they were guilty, the court erred in imposing the penalty of death because homicide in robbery with homicide already encompasses murder.
Dela Cruz’s group also said that the trial court erred in finding all of them, even those who did not take active part, equally liable for the crime of robbery with homicide.
"Conspiracy having been established, all the conspirators are liable as co-principals regardless of the extent and character of their participation because in contemplation, the act of one is the act of all," Vasquez said.
Court records showed that between 1 to 2 a.m. of July 28, 1999, the group commandeered a passenger jeepney in Monumento, Caloocan. They proceeded to Commonwealth Avenue, Quezon City, where they robbed a gas station.
They also hit a convenience store on Tandang Sora where they killed PTV-4 cameraman Elmer Duque and security guard Nestor Mayatma.