G.R. No. L-6202; April 28, 1956
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAFAEL CABUENA, ET AL., defendants. GREGORIO CORDIZAR and EUTIQUIO BOHOL, defendants-appellants.

FACTS

On the evening of November 18, 1949, an armed band raided the house of Andres Bantiles in barrio Soron, Balamban, Cebu. While the spouses Andres Bantiles and Simplicia Lauron and their 9-year-old niece Macaria Bantiles were eating supper, they were killed by a volley of shots fired from outside. The couple’s 10-year-old daughter Estrella witnessed three armed men (identified as Rafael Cabuena, Anastacio Lapanig, and Juan Oliverio) enter the house, threaten her, and take P2,500, jewelry, a shotgun, and other belongings. She saw three other armed men, including appellants Gregorio Cordizar and Eutiquio Bohol, waiting downstairs. Post-mortem examination confirmed gunshot wounds as the cause of death. The malefactors were arrested based on a tip, and each signed affidavits admitting participation. Seven men were prosecuted; three pleaded guilty, three (including the appellants) were found guilty after trial, and one was acquitted. The appellants were convicted of robbery in band with triple homicide and sentenced to life imprisonment. They appealed, claiming their affidavits were obtained through duress and disputing their liability.

ISSUE

The primary issues are: (1) the validity of the appellants’ confessions; (2) the criminal liability of appellants Cordizar and Bohol who remained downstairs during the shooting and robbery; and (3) the proper penalty for the complex crime of robbery with multiple homicide.

RULING

The Supreme Court affirmed the conviction but modified the penalty. (1) The claim that the affidavits were obtained through duress was disproved by the testimony of the investigators and the justice of the peace before whom the confessions were signed. (2) The appellants are liable as principals. Their own affidavits established they joined the group with knowledge of the purpose to kill and rob the Bantiles family. By acting as guards or lookouts downstairs, they contributed in an important manner to the success of the crime. (3) The crime committed is robbery in band with triple homicide, a single complex crime under Article 294 of the Revised Penal Code, as amended. The trial court erred in imposing three separate life sentences; the homicide is not multiplied by the number of victims. The prescribed penalty is reclusion perpetua to death. The aggravating circumstances of treachery and dwelling were present, warranting the maximum degree. However, for lack of sufficient votes for the death penalty, the appellants are sentenced to life imprisonment. The sentence of conviction is modified as to the penalty and affirmed.