334 Phil. 324
ROMERO, J.:
"That on or about the 5th day of August, 1986, in the Municipality of Gapan, Province of Nueva Ecija, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with the intent to gain and intent to kill, conspiring and confederating together and mutually aiding one another, armed with a bladed instrument, did then and there, wilfully, unlawfully and feloniously enter the house of one EMILIO MARCELO, through one of the windows of said house and once inside, by means of force, threat and violence upon person, stabbed said Emilio Marcelo, causing his death, and thereafter took, stole and carried away one television set, one wrist watch (Seiko 5), one ring, with a total value of EIGHTEEN THOUSAND PESOS (P18,000.00), including cash money amounting to ONE HUNDRED TEN PESOS (P110.00), owned by and belonging to said Emilio Marcelo, taken against his will and without his consent, to the damage and prejudice of the heirs of said Emilio Marcelo in an amount that maybe awarded to them under the Civil Code of the Philippines."
Appellant likewise admitted his participation in the commission of the crime in his own sworn statement.[4]
T Ano naman ang dahilan at hinuli ka ng mga pulis Gapan? S
Ako po ay nakasama sa pagnanakaw at pagkapatay kay Miling Marcelo sa barangay San Lorenzo, Gapan, Nueva Ecija noong ika-5 ng Agosto, 1986. T
Ano naman ang iyong kinalaman o kaalaman mo tungkol sa pagkamatay ni Miling Marcelo? S Ako po at si Ben Gingco at Jun Villanueva ay nagpunta sa bahay ni Miling Marcelo para magnakaw lang po. T
Noong makaakyat kayo sa bahay at makapasok saan nyo nakita si Miling Marcelo? S
Nakita po namin nakahiga sa loob ng kuwarto at noong kami po ay papasok na ay nagbangon si Miling Marcelo lumabas ng kwarto at sinindihan ang ilaw pagkatapos po ay pumasok na kami ng kuwarto at pinahalughog na po sa akin ni Jun Villanueva ang isang aparador at ng ako ay naghahalughog biglang bumukas ang pinto ng kuwarto at nakita ko na lang na biglang sinaksak ni Jun Villanueva si Miling Marcelo. T
Gaano ka ba kalayo kay Miling Marcelo ng saksakin ni Jun Villanueva? S
Malapit lang po (witness pointing to a corner with a distance of 3 meters more or less).
T
Noong makita mong masaksak si Miling Marcelo ano ang iyong ginawa? S
Napatayo na lang po ako pagkat di ko akalain na sasaksakin ni Jun Villanueva si Miling Marcelo pagkat ang usapan namin ay hindi papatayin.
T
Ilan beses ba sinaksak ni Jun Villanueva si Miling Marcelo? S
Isang beses po ang nakita ko sapagkat nakakubli ako sa pinto na binuksan na pintuan ng kuwarto po at sila ay napasok sa may salas kaya hindi ko po nakita kung ilang saksak po. T
Pagkatapos na makita mong sinaksak ni Jun Villanueva si Miling Marcelo ano ang ginawa mo ? S
Sumigaw po si Ben Gingco na 'Robert tarana' kaya ang ginawa ko nanaog na ako at sa bintana rin na aking inakyatan ako nagdaan at pagkatapos po pumunta ako sa may puno ng buko at noong ako po ay bumababa nakita ko si Miling Marcelo na nakadapa sa may salas. T
Bakit ngayon ay nagsasabi ka na kayo nila Jun Villanueva at Ben Ginco ang siyang nagnakaw kay Miling Marcelo? S
Hindi na po ako natatakot pagkat nahuli na po si Jun Villanueva at ang ikinatatakot ko po ay baka kung ano ang gawin niya at mga kasama niya sa pamilya ko at iyon po ang madalas na ipinanakot sa akin ni Jun Villanueva.
"WHEREFORE, premises considered, the court finds the accused Robert Manuel and Henry Villanueva, Jr. guilty beyond reasonable doubt of the crime of Robbery with Homicide as charged in the information and they are hereby sentenced to suffer life imprisonment with the accessory penalties provided for by law. The said accused are further ordered to pay jointly and severally the heirs of the deceased Emilio Marcelo the sum of Eighteen Thousand One Hundred Ten (P18,110.00) Pesos, the value of the property stolen or taken from the house of the victim; to indemnify the heirs of Emilio Marcelo the sum of Thirty Thousand (P30,000.00) Pesos by way of damages; and to pay the costs of suit.SO ORDERED."
All appellant can show, by way of rebuttal, is a bare denial of his participation in the crime and a weak alibi, stating that he was in Manila on the date of the commission of the crime. However, appellant failed to show any proof of the same aside from his own testimony. On the other hand, the evidence of his guilt is strong as shown by the fact that the ring taken from the victim was found in the possession of his sister-in-law, as testified to by Col. de la Cruz.[11]Q He did not tell you why Miling Marcelo stabbed him?A What he told me is that Miling Marcelo fought back."[10]
Furthermore, if the police were able to recover the said items at all, it was because appellant himself told them where to find said items.[12] The TSN declares further:
"FiscalGarcia: We have just been handed a ring, can you tell us what relation this ring has to the ring which you said you recovered? A This is the ring that we recovered to the person (sic) Henry Villanueva pointed. Q From how many persons or places did you recover the ring and the TV set? A The TV set was recovered from Hernandez Electronics and this ring was recovered from the husband of the sister-in-law. Q Husband of the sister-in-law of whom? A Of Henry Villanueva, sir."
Q Where were you able to recover the TV according to you?As the trial court aptly observed:
A In Cauayan, Isabela, sir.
Q How were you able to follow up that TV set in Cauayan, Isabela?
A When we conduct an investigation in the person of June (sic) Villanueva, sir. He pointed us the person to whom he has entrusted the TV and the ring in Cauayan, Isabela, sir."
"There was conspiracy on the part of Henry Villanueva and Robert Manuel in the commission of robbery in the house of Emilio Marcelo. The evidence reveals that Robert Manuel and Henry Villanueva agreed to rob Emilio Marcelo, and they did in fact carry out this plan when they entered the house of Emilio Marcelo on August 5, 1986 and took therefrom the articles heretofore mentioned. On the occasion of the robbery, Emilio Marcelo was killed. Thus, it was held that conspiracy exists when two or more persons agree to commit a felony and they carry out their agreement. (People vs. Padilla, 132 SCRA 682)The Court is convinced beyond reasonable doubt that appellant was indeed guilty of the crime of robbery with homicide. However, the proper penalty imposed on him should have been reclusion perpetua and not life imprisonment.[13]
Conspiracy having been established all the conspirators are liable as co-principals regardless of the extent and character of their participation because in contemplation of law, the act of one is the act of all. (People vs. Loreno, 130 SCRA 311)
It will be noted that in the extrajudicial confessions of the accused Robert Manuel and Henry Villanueva, while they admitted their participation in the robbery, each pointed to the other as the one who stabbed Emilio Marcelo. Regardless of who between them stabbed Emilio Marcelo, they are both liable for the homicide committed on the occasion of the robbery, considering the existence of conspiracy and, therefore, the act of one is the act of all."