G.R. No. L-13900; October 31, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BLAS ABLAO, ET AL., defendants. BLAS ABLAO, FELIX ARCILLA and MODESTO MAGUBAT, defendants-appellants.

FACTS

On or about 1:00 a.m. on December 23, 1957, in Mercedes, Camarines Norte, appellants Blas Ablao, Felix Arcilla, and Modesto Mangubat, together with David Cotauco, Jr. (who died on December 26, 1957), conspired to rob the house of Leoncio Egos. After drinking wine at a nearby store, they proceeded to the Egos residence. Mangubat and Ablao entered through the kitchen door, while Arcilla stood guard armed with a piece of wood. Inside, Mangubat stabbed the sleeping Leoncio Egos multiple times with a balisong (knife). When Leoncio’s son, Dominador (11 years old), awoke and shouted, Ablao struck him with a hammer and Mangubat also stabbed him. Mangubat then went to another bed and stabbed Leoncio’s wife, Maria Vargas, who was also hit by Ablao. Leoncio Egos died from his wounds. Maria Vargas and Dominador sustained serious physical injuries which would have been fatal without timely medical aid. The appellants robbed cash amounting to P600.00 and several canned goods from the store. Apprehended after four days, the appellants gave voluntary statements admitting their complicity. Upon arraignment in the Court of First Instance, Blas Ablao and Felix Arcilla, after waiving counsel, pleaded guilty. Modesto Mangubat pleaded not guilty and was tried, during which his co-accused and other witnesses testified against him. The trial court found all three guilty and sentenced them to death.

ISSUE

Whether the trial court correctly convicted the appellants and imposed the proper penalty, considering the attendant aggravating and mitigating circumstances.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The crime committed is Robbery with Homicide under Article 294 of the Revised Penal Code. The guilt of Blas Ablao and Felix Arcilla is established by their voluntary pleas of guilty. The guilt of Modesto Mangubat is established by the positive testimony of his co-accused and the identification by the victims, which the Court found credible. The Court agreed with the trial court’s appreciation of the aggravating circumstances of treachery (attack on sleeping victims), dwelling, and disregard of the sex of the offended party (Maria Vargas). However, the Court held that nocturnity was absorbed by treachery and that evident premeditation and unlawful entry were not present. In favor of the appellants, the Court considered the mitigating circumstances of plea of guilty (for Ablao and Arcilla) and intoxication (for all three, as they had been drinking wine immediately before the crime). With a majority of aggravating circumstances over mitigating ones, the death penalty would ordinarily be proper. However, for lack of sufficient votes to impose death, the Supreme Court modified the penalty to reclusion perpetua (life imprisonment). The judgment of the trial court was affirmed with this modification.