G.R. No. L-19149 & L-19150 August 16, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BEN PAREDES, ET AL., defendants, BEN PAREDES, MANUEL MAMURI and PROTASIO A. SANTOS, defendants-appellants. (G.R. No. L-19149)

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PASCUAL BARTOLOME, defendant-appellant. (G.R. No. L-19150)

FACTS

On April 26, 1960, Chua Nai Su was shot and killed inside a pick-up truck of the Insular-Yebana Tobacco Corporation at Barrio Palattao, Naguilian, Isabela. The perpetrators fled using the same vehicle. The investigation led to the arrest of several accused. Conrado de Leon was picked up on April 27, 1960, and his statement led to the arrest of Ruben Concepcion and Aurelio Tottoc on April 28, and Ben Paredes on April 29. Based on their extra-judicial confessions, an Information for Robbery with Homicide was filed against them, including Manuel Mamuri. A separate Information was later filed against Protasio Santos, Chief of Police of Naguilian, and another against Pascual Bartolome. The cases were consolidated. Aurelio Tottoc was discharged to be a state witness. Ruben Concepcion later pleaded guilty and was utilized as a prosecution witness. The trial court convicted Ben Paredes, Conrado de Leon, Manuel Mamuri, Protasio Santos, and Pascual Bartolome of Robbery with Homicide, sentencing them to reclusion perpetua and ordering indemnity. Ben Paredes, Protasio Santos, and Pascual Bartolome appealed; Manuel Mamuri initially appealed but withdrew; Conrado de Leon did not appeal.
The evidence established a conspiracy. On April 17, 1960, Conrado de Leon proposed to Ruben Concepcion to hold up a wealthy Chinaman in Naguilian. On April 25, Ruben Concepcion, Manuel Mamuri, and Aurelio Tottoc went to Naguilian and met Conrado de Leon. They were brought to the house of Ben Paredes, a former Sergeant of Police, where they discussed the plan. On the morning of April 26, the group, including Pascual Bartolome whom they met, finalized plans at a kiosko. Pascual Bartolome promised a reward for killing the Chinaman. The group then proceeded to the company compound where the robbery and killing were carried out. Protasio Santos, the Chief of Police, was implicated as having prior knowledge and promising protection.

ISSUE

Whether the appellants Ben Paredes, Protasio Santos, and Pascual Bartolome are guilty of the crime of Robbery with Homicide based on conspiracy.

RULING

Yes. The Supreme Court affirmed the decision of the trial court. Conspiracy among all the accused, including the appellants, was conclusively proven. Once conspiracy is established, the act of one is the act of all. The guilt of Ruben Concepcion, Conrado de Leon, and Manuel Mamuri in the actual hold-up and killing was indubitable. The appellants’ participation in the conspiracy, through planning, providing shelter, and offering inducements, rendered them equally liable. The Court found no merit in the alibis presented by the appellants, noting the inherent weakness of such a defense and the corroborated extra-judicial confessions of the co-accused. The Court also held that while a reward was offered by Pascual Bartolome and a promise made by Protasio Santos, this inducement was not the primary consideration for the commission of the crime, as the plan was already in motion before these offers were made; therefore, no aggravating circumstance of price or reward was appreciated. The decision convicting the appellants of Robbery with Homicide and sentencing them to reclusion perpetua was affirmed.