396 Phil. 764
PURISIMA, J.:
"That on or about the 14th day of March, 1985, in the Municipality of Javier, Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping one another, and armed with deadly weapons, did, then and there willfully, unlawfully and feloniously with intent of gain and by means of violence against person take, steal and carry away personal property in the form of cash money amounting to Five Thousand Pesos, (P5,000.00), Philippine Currency, belonging to Ramon Robin, Sr., to the damage and prejudiced (sic) of the latter in the aforementioned amount; and that by reason and on the same occasion, said accused, with intent to kill and with treachery, did then and there willfully, unlawfully and feloniously attack, assault and hack Ramon Robin, Sr. hitting the latter on the nape and almost severing the neck from the body which caused his death shortly thereafter; hold (sic) and choke (sic) to death Herminia Robin, wife of Ramon Robin, Sr., and likewise choke to death Ramon Robin, Jr., eight years old, Celso Robin, nine years old and Flocerfina Robin, five years old and thereafter, the aforementioned three children of Ramon Robin, Sr., were placed inside a sack and brought and buried along Bito River, Barangay Naliwatan, Javier, Leyte.With Dominador Antojado (Antojado, for short), Domingo Polinga, Alfredo Manto, Precilo Manto and Carlos Carrozo entering negative pleas on June 5, 1985, upon arraignment with the assistance of counsel, trial ensued.
ACTS CONTRARY TO LAW."[1]
"Rodulfo Redubla (Redubla) is a resident of Sitio Moyongboyong, Bgy. Malitbogay, Javier, Leyte (pp. 2-5, 14-15, TSN, July 8, 1987). He had long known appellants Salvador or Dominador Antojado alias `Badik', Wilfredo Manto alias `Alfredo' and/or `Doydoy', Precilo Manto alias `Ontoy' and Carlos Carrozo as they had previously worked like him (Redubla) as laborers in Javier, Leyte (pp. 2-5, 14-15, 30-32, TSN, July 8, 1987). However, he did not like them anymore, as they were stealing (p. 4, TSN, ibid.). Redubla also knew them because he and appellants were members of the `Walang Patawad Group' which engaged in robbery (Sworn Statement of Rodulfo Redubla dated March 18, 1985 during the preliminary examination conducted by the Municipal Circuit Trial Judge; pp. 12-13, rec.).Dr. Ernesto Lajara, who conducted post-mortem examination on the bodies of the victims, submitted the following findings:
In the afternoon of March 14, 1985, Redubla was invited by appellant Salvador Antojado for a drinking spree at the house of Ramon Robin (pp. 4-5, 18-21, TSN, July 8, 1987; p. 3, TSN, November 17, 1987). At first, he declined but at about 9 o'clock in the evening, said appellant passed by Redubla's house and fetched him (pp. 3-4, TSN, Nov. 17, 1987; p. 13, rec.).
Ramon Robin, Sr.'s house which is located at Sitio Moyongboyong, Bgy. Malitbogay, Javier, Leyte is more than a kilometer from the house of the appellant Antojado while the house of Redubla is located half way to the house of Ramon Robin, Sr. (pp. 14-16, TSN, July 8, 1987). While Redubla and appellant Dominador Antojado were already proceeding on a side trail towards the house of Ramon Robin Sr., they saw the latter and his wife still on their way home. (pp. 6-7, 19-21, TSN, July 8, 1987).
When Redubla and appellant Antojado arrived at the yard of Ramon Robin Sr., appellant Antojado told Redubla to stay there as he will be ahead in going up the house of Ramon Robin Sr. (pp. 4-5, TSN, July 8, 1987). Redubla noticed that the main door and windows of Ramon Robin Sr.'s house were open (pp. 4-5, 16-17, TSN, July 8, 1987). He also noticed from where he stood that there were children lying down on the sala of the house (pp. 17-18, TSN, ibid.). Redubla also noticed that there was a light inside the house (pp. 16-17, TSN, July 8, 1987).
At past 10:00 o'clock in the evening, appellants Wilfredo alias `Alfredo' Manto; Prescilo alias `Ontoy' Manto and Carlos Carrozo alias `Dongdong', who arrived at the house before Redubla and appellant Antojado, called Redubla one at a time to make their presence known (pp. 5-7, 18-19, 21-23, TSN, July 8, 1987). At that time, appellants Wilfredo Manto, Precilo Manto and Carlos Carrozo were hiding in the porch of the house near the bedroom (pp. 6-7, 18-19, TSN, July 8, 1987). Accused Norberto Carrozo came out of his hiding near the kitchen and approached Redubla and greeted him saying `Oh, you are here' to which Redubla replied that he came because he was invited by appellant Antojado (p. 23, TSN, July 8, 1987). Afterwards, accused Norberto Carrozo returned to the back of the house (p. 23, TSN, ibid.).
Thereafter, appellants Alfredo Manto, Carlos Carrozo, and Precilo Manto inquired from Redubla where was Ramon Robin Sr. Redubla, having seen the couple earlier, told them that Ramon Robin, Sr. was a little bit behind (pp. 5-6, TSN, July 8, 1987).
A few minutes later, Ramon Robin Sr. arrived carrying a lighted torch followed by his wife Herminia (pp. 7-8, 24-25, TSN, July 8, 1987; pp. 8-9, TSN, Nov. 17, 1987). As they were about to enter through the kitchen door, accused Norberto Carrozo, who was then staying behind the door, attacked Ramon Robin Sr. with his bolo. However, the bolo get embedded on the door jamb and Ramon Robin Sr. ran away from him towards the front door where appellant Antojado was posted (pp. 25-26, TSN, Nov. 17, 1987). Thereupon, appellant Antojado hacked Ramon Robin Sr. with a bolo hitting him on the nape and causing Ramon Robin Sr. to fall down still shouting for help (pp. 7, 25-26, TSN, July 8,1987; pp. 13-14, TSN, Nov. 17, 1987). When Herminia saw what happened to her husband, she began shouting for help but accused Norberto Carrozo covered her mouth to stifle her shouts for help and started choking her (pp. 7-8, TSN, July 8, 1987). Consequently, Herminia Robin pleaded to appellant Antojado not to kill her telling him `when (sic) you are going to kill me, I have still money amounting to P3,000.00' (pp. 7-8, TSN, July 1987; pp. 14-15, TSN, Nov. 17, 1987). Notwithstanding her pleas and giving of the money, appellant Antojado persisted in choking her with a rope used in tying a carabao and as she was gasping for breath, he placed a piece of cloth inside her mouth (pp. 7-8, TSN, July 8, 1987; pp. 14-17, TSN, November 17, 1987). At that moment, Herminia's young daughter, later identified to be `Flocerfina Robin', awakened and began asking her mother for food. She eventually noticed the presence of appellant Antojado and remarked `you are here Mano Badik' (p. 8, TSN, July 8, 1987; pp. 24-25, TSN, November 17, 1987). Thereupon, appellant Antojado struck her with a bolo causing her to fall down (p. 8, TSN, July 8, 1987). Accused Norberto Carrozo likewise stated: `If we do not place this little child inside the sack, she will betray us' (pp. 8-9, TSN, July 8, 1987). He then asked for his companions' help to place the children inside the sack (pp. 17-18, TSN, Nov. 17, 1987). Thereafter, appellants Wilfredo and Precilo Manto and Carlos Carrozo went up the house and put the little girl inside the sack (pp. 7-8, TSN, July 8, 1987). Domingo Polinga, Alfredo Manto and Precilo Manto struck the little girl's siblings (later identified to be Ramon Robin Jr. and Celso Robin) and brought them inside the house and similarly placed them inside the sack (pp. 8-9, TSN, July 8, 1987; pp. 21-22, TSN, Nov. 17, 1987).
Reynaldo Robin, a neighbor and relative of Ramon Robin Sr., who had seen the incident from a distance of about five (5) meters likewise heard Norberto Carrozo order his companions to search the house for money (pp. 2-5, TSN, March 7, 1991).
After the three (3) children of Ramon Robin Sr. and his wife Herminia were placed inside a sack, accused Norberto Carrozo ordered his companions to load the bodies of Ramon Robin Sr. and Herminia Robin on a sled (pp. 7-9, TSN, July 8, 1987). Afterwards, accused Domingo Polinga and Claver Carrozo also went up the house to gather the dead bodies of Ramon Robin, Sr. and Herminia Robin as well as the sack where their three (3) children were placed for loading in a sled which was hitched to a carabao (pp. 8-9, TSN, July 8, 1987). Redubla stood watching the proceeding feeling helpless to do anything for fear that he could become another victim (pp. 27-28, TSN, July 8, 1987). xxxxxx xxx xxx
Subsequently, Pat. Cayunda accompanied Redubla to the house of his colleague PFC Diosdado Cerna, a relative of Herminia Robin, at the poblacion of Javier, Leyte (pp. 25-26, TSN, Nov. 17, 1987). PFC Diosdado Cerna then received the report of Redubla about the robbing and killing of Ramon Robin Sr. and his wife and three (3) children at about 10:30 in the evening of March 14, 1985 by accused Norberto Carrozo, Domingo Polinga and appellants Dominador Antojado, Precilo Manto, Wilfredo Manto and Carlos Carrozo (p. 26, TSN, Nov. 17, 1987; pp. 3-5, TSN, April 22,1988). Afterwards, Pat. Jovencio Cayunda and Pfc. Diosdado Cerna, together with Redubla, proceeded to the police station in the municipal building of Javier, Leyte for further investigation and to inform the chief of the Javier INP about the reported crime (p. 26, TSN, Nov. 17, 1987).
In the morning of March 15, 1985, P/Sgt. Ignacio Rellin, Chief of the Javier INP, received information on the killing and robbing of Ramon Robin Sr. and his family (pp. 4-5, TSN, April 22, 1988). Thereupon, he ordered PFC Cerna and his companions to follow up the case (pp. 5-6, TSN, April 22, 1988).
At about 8:30 in the morning, the Javier police station received further information from one Mrs. Marticio, Bgy. Capt. of Bgy. Naliwatan, Javier, Leyte that dead persons were found buried in the banks of the Bito River at the outskirts of Bgy. Naliwatan and a carabao was tied near the place where the bodies were buried (pp. 2-3, TSN, Oct. 7, 1988).
Accordingly, the group of PFC Diosdado Cerna, PFC Juan Papalid, Pat. Albino Dagohoy and Pat. Arturo Lazarte, accompanied by Mario Marticio, proceeded to the outskirts of Bgy. Naliwatan, Javier, Leyte to verify the report on the discovered bodies (pp. 6-7, 21-22, TSN, April 22, 1988). There, Marticio led them to the riverbank where the bodies of Ramon Robin Sr. and his wife Herminia and three (3) children were buried (pp. 13-14, 16, TSN, April 22, 1988). They dug up the bodies and found Ramon Robin Sr. and his family members buried in only one place (pp. 9-14, TSN, April 14, 1988).
Afterwards, the bodies of Ramon Robin Sr., his wife Herminia, his children Flocerfina, Ramon Robin Jr. and Celso Robin were loaded on a sled and bought to the municipal building by Pablo Robin and Nilo Robin, Ramon Robin Sr.'s surviving sons, Pablo Novio and Deodito Teves for post-mortem examination (pp. 9-12, TSN, April 22, 1988; pp. 14-15, TSN, May 25, 1989).
Immediately thereafter, the group of PFC Cerna, PFC Juan Papalid, Pat. Albino Dagohoy and Pat. Arturo Lazarte proceeded towards the house of Ramon Robin Sr. at Sitio Moyongboyong, Bgy. Malitbogay, Javier, Leyte to conduct further investigation. When they arrived there, they noticed blood stains and sled tracks from the riverbanks which led to the house and yard (pp. 14-16, TSN, April 22, 1988). They also found bloodstains in the porch and in the yard (pp. 6-7, 13-18, TSN, April 22, 1988).
Based on the report of Redubla that the victims were killed by accused Norberto Carrozo alias Norbing, Salvador Antojado alias Badic, Domingo Polinga @ Doming, Wilfredo Manto @ Doydoy, Carlos Carrozo @ Dongdong, Precilo Manto @ Ontoy and Claver Carrozo @ Claver, P/Sgt. Rellin directed his subordinates to apprehend the suspects but they were unable to get them (pp. 4-6, TSN, Oct. 7, 1988; pp. 11, 23, TSN, April 22, 1988).
On the same date, Dr. Ernesto Lajara, Municipal Health Officer of Javier, Leyte conducted a post morten (sic) examination on the bodies of Ramon Robin Sr. and his wife. xxx "
"On March 14, 1985, Accused-Appellant Dominador Antojado threw a small party for some of his friends at his house situated at Poblacion, Javier, Leyte. It was the 6th birthday of his daughter, Sheila Antojado. In attendance during that occasion were Pablo Robin, Nilo Robin, Diodito Teves, Pablo Novio and Glicerio[8] Castro. After the visitors partook of the food prepared by herein accused- appellant, the latter brought out a gallon of tuba for all of them to drink. The drinking spree started at around 4:00 in the afternoon.For appellants Alfredo Manto, Precilo Manto, and Carlos Carrozo:
The first gallon of tuba was consumed at around 6:00 in the afternoon. Thereafter, accused-appellant asked Glicerio Castro to buy another gallon of tuba. When the second gallon of tuba came, the drinking buddies went to consume the same until around midnight. By this time, brothers Nilo and Pablo Robin were already tipsy and sleepy, for which reason they asked permission from accused-appellant Dominador Antojado for them to sleep in the latter's house. Accused-appellant acceded and thereafter immediately prepared a mat for the Robin brothers to sleep on. Meanwhile, the rest of the group including accused-appellant Antojado continued to drink another gallon of tuba. When the third gallon was finally consumed, all of them slept in the accused- appellant's house.
In the same night of March 14, 1985 at around 10:00 in the evening, while accused-appellant Antojado and his friends were having a drink, several armed men allegedly robbed the spouses Ramon Robin, Sr. and Herminia Robin of their money amounting to P5,000.00 and on the occasion thereof, the spouses including their three children, Ramon Jr., Celso and Flocerfina were killed inside their house situated at Sitio Mayong-boyong, Bgy. Malitbogay, Javier, Leyte, more or less one kilometer away from the house of accused-appellant Antojado. The dead bodies of the victims were found buried in the bank of the Bito River in the morning of March 15, 1985."
"Deodito Teves, 29 years old, testified that he knew accused Dominador Antojado since the father of the latter is the owner of the land where they reside.On August 24, 1989, the lower court of origin found the evidence for the prosecution enough to convict and on the basis thereof, handed down the judgment appealed from, disposing thus:
On March 14, 1985, he was at the house of Dominador (Salvador) Antojado at Zone 2, Javier, Leyte, together with Nilo Robin, Pablo Robin and Pablo Nobio. Nilo and Pablo, are brothers and children of Ramon Robin, the victim. The two were at his house when Dominador invited him and they went along with him. On the way to the house of accused Dominador, Pablo Nobio was on the road he too went along with him. It was 4:00 p.m. when they arrived at Dominador's house. Iglecario Castro and family were also there. After eating, accused Dominador offered a gallon of tuba. All six of them drank the tuba at the kitchen. Consuming the given tuba, another gallon of tuba was bought and they drank it all again. Thereafter Pablo and Nilo Robin felt sleepy. With the permission of Dominador, the two slept at the sala of the house of Dominador. They continued to drink the third gallon of tuba until 4:00 in the early morning of March 15, 1985. Castro went home, accused Dominador, Pablo Nobio and he went to sleep. At 9:00 in the morning, Dominador woke him up, asked him to go with Nilo Robin because the mother of the latter was killed. Dominador (Salvador) Antojado, Nilo Robin, Pablo Robin, Pablo Nobio and he went to the house of the Robin. They saw blood stains inside the house but the bodies of the victims were not there. Searching, they found the bodies at Bito River, one (1) kilometer from the house of the Robin.
On cross-examination, he admitted that Domingo Polinga, Precilo Manto, Carlos Carrozo, Norberto Carrozo are intimate friends of Dominador Antojado Pablo and Nilo Robin are his friends. On March 14, 1985, Dominador Antojado did not leave them in their drinking spree. It was also the said accused who told the group that the family of Ramon Robin with his wife and their children were killed. (TSN, Jan. 26, 1989, pp. 2-29)
Carlos Carrozo, 20 years old, testified that Norberto Carrozo is his uncle. He had been staying with his uncle for six months.
On March 14, 1985, about 6:00 his uncle Norberto together with Rodolfo Redubla, Rodrigo Antojado, Jerry Arcon and Junior Arcon left the house. They brought with them two empty sacks and moved towards Brgy. Malitbogay. At about 2:00 a.m. the following day, all returned home. He heard them conversing about dead bodies, covered with sand and well-hidden. He heard the name Ramon Robin and Herminia Robin.
On cross-examination, he testified that the persons he previously named were at the house of his uncle before 6:00 p.m. of November 14. He heard them planned (sic) to rob the victim spouses, but he did not inform the police authorities of said plan. The following morning, his uncle and he left the house and fled to the forest of Manlilisid and Malitbogay. (TSN, March 9, 1989, pp. 2-23)
Dominador Antojado, 38 years old, testified that he knew his co-accused Norberto Carrozo, Claver Carrozo, Domingo Polinga, Wilfredo Manto, Ontoy or Precilo Manto and Carlos Carrozo. He came to know them in jail. He did not know Rodolfo Redubla.
On March 14, 1985, it was the 6th birthday of his daughter Sheila. Boy Teves, Nilo Robin, Pablo Robin, Pablo Nobio and Iglecerio Castro were at his house. After they ate, he offered them one gallon of tuba. At 6:00 P.M. (sic) he got another gallon of tuba which they drank until 12:0 (sic) midnight. Quite drank (sic), Pablo and Nilo, both Robin, asked him if they could sleep. He placed a mat in the sala and the two slept. They continued drinking the third gallon of tuba until 4:00 a.m. of the following morning. Thereafter, Iglecerio Castro went home, Diodito Teves, Pablo Novio and he slept at his house. Around 9:00 in the morning, his wife Editha woke him up, told him she overheard that the family of Ramon Robin had been killed and the bodies of the victims were brought along the river. With the children of Ramon Robin, Pablo and Nilo Robin, he together with Teves, and Nobio, they left his house and proceeded to the house of the Robin at Brgy. Malibogay. Nilo did not find his parents home. They followed the sled tracks towards Sitio Naluwatan, crossed the river and there they saw the bodies of the five victims. They borrowed sleds and loaded victims bodies thereon and brought them to the municipal building. He helped in making of the coffins and attended the burial of the victims the following day. (TSN, March 10, 1989, pp. 2-15).
Hilario Llorada, 74 years old, testified that on March 10, 1985, he went to the place of Wilfredo and Precilo Manto, invited them to see his lumber. Accepting his invitation, the two arrived at his workplace on March 14, 1985. The two sawed the lumber until 4:00 P.M. (sic) With more lumber to saw, the two stayed at his house. He offered them supper and they drank until 12:00 midnight. The two woke up 5:00 the following day, sharpened their tools, to be ready for the day's work.
On cross-examination, he admitted he offered his room to the two workers to sleep in. He slept outside his room at the sala near the door. (TSN, April 20, 1989, pp. 2-9)
Precilo Manto, 27 years old, testified that Hilario Llozada contracted him and Wilfredo Manto to saw lumber. On March 14, 1985, he and Wilfredo reported for work at Llozada's place. Immediately, they sawed round lumbers. The work was not finished, hence, they stayed at the house of the Llorada. After eating supper, they drank, then slept around midnight."[9]
"WHEREFORE, the prosecution having proven the guilt of all the accused who faced trial beyond a (sic) reasonable doubt, the said accused - Diminador (sic) alias Salvador Antojado alias `Badic', Carlos Carrozo alias `Dongdong', Precilo Manto alias `Ontoy' and Wilfredo Manto are all found by this Court GUILty (sic) beyond reasonable doubt of the criminal charge of Robbery in Band with Multiple Homicide, and each of them is sentenced to suffer the penalty of FIVE (5) RECLUSION PERPETUA, to pay the heirs of the victims Ramon Robin, Sr., Herminia Robin, Ramon Robin, Jr., Celso Robin and Flocerfina Robin the amount of THIRTY THOUSAND (P30,000.00) PESOS for each victim, jointly and severally, without subsidiary imprisonment in case of insolvency and to pay the costs. Accused Claver Carrozo who is at large will face a separate trial when apprehended.[10]On July 31, 1994, Atty. Custodio Cañete manifested that Norberto Carrozo was shot dead when he resisted arrest.
"THE TRIAL COURT ERRED IN NOT ACQUITTING ACCUSED-APPELLANT DOMINADOR ANTOJADO ON THE GROUND THAT THE PROSECUTION HAS FAILED TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.On the part of appellants Alfredo (Wilfredo) Manto, Precilo Manto and Carlos Carrozo, they contend that:
ASSUMING HEREIN ACCUSED-APPELLANT TO BE LIABLE, THE LOWER COURT ERRED IN CONVICTING HIM OF THE CRIME OF ROBBERY IN BAND WITH MULTIPLE HOMICIDE."[11]
"THE TRIAL COURT ERRED IN CONVICTING THE FOUR ACCUSED OF THE CRIME CHARGED BEYOND REASONABLE DOUBT."Appellant Antojado theorized that the prosecution failed to prove the presence and identity of the accused as it simply relied on the testimonies of its witnesses which according to him, are inconsistent, rehearsed and fabricated. This appellant faults the trial court for giving credence to the aforesaid testimonial evidence for the People and for disregarding his defense of alibi.
When homicide is committed as a consequence of or on the occasion of robbery, all those who took part as principals in the robbery will also be held guilty as principals of the special complex crime of robbery with homicide although they did not actually take part in the homicide, unless it clearly appears that they endeavored to prevent the homicide.[18]
"Q. Now, what is the purpose of Dominador Antojado in coming to your house? A. He invited us to a drinking spree.xxx xxx xxx Q. Was that the first time you were invited by Dominador Antojado that day and time? A. Yes, sir.xxx xxx xxx Q. What time was that when your group started to sleep? A. Ten thirty.xxx xxx xxx Q. By the way, were you able to see the dead body of your parents and members of your family? A. I was able to see because it was pointed out to me by Dominador Antojado. Q. By the way, who led your group in going to the place where you have seen the dead body of your parents and members of your family? A. Dominador Antojado. Q. Now, during the presentation of defense evidence, Dominador Antojado testified before this Honorable Court that it was Pablo Novio who invited you to their house on that drinking spree, now, what can you say about his statement? A. He personally (sic) together with his brother went personally to us to invite us to a drinking spree. Q. Dominador Antojado further testified in Court that you together with him went to the family house of the Robin's and thereafter looked to the place, where you suspected a sled..... the mark of a led (sic) near your house and followed the same and it was only then (sic) you and your group were able to trace up (sic) the graveyard of those ... of the members of your family and your parents, what can you say about that statement of Dominador Antojado? A. He was the one who pointed to us where the body of our parents were buried. Q. Did your group try to follow the markings of the sled near your house? A. We followed the traces of the sled and when we reached near the Bito River, he was the one who pointed to us where they were buried." [17]
"xxx Time and again, this Court has held that there is no crime of robbery with double homicide. The term `homicide' in paragraph 1, Article 294 of the Revised Penal Code is to be understood in its generic sense. The juridical concept of the special complex crime of robbery with homicide does not limit the taking of human life to one single victim. In this special complex crime, the homicides or murders and the physical injuries, irrespective of their number committed on the occasion or by reason of the robbery are merged in the single composite crime of robbery with homicide. Therefore the crime in this case should have been properly denominated as robbery with homicide." (Emphasis, ours)The penalty prescribed for the crime of robbery with homicide is reclusion perpetua to death. Absent any mitigating or aggravating circumstance, the lesser penalty is imposable.