G.R. No. 85472 September 27, 1993
People of the Philippines, plaintiff-appellee, vs. Eriberto Yabut y Palingo, accused-appellant.

FACTS

On October 31, 1982, Angeles San Antonio (a policeman) and Eriberto Yabut arrived at the residence of Gen. Amado Santiago in Pasig, Metro Manila, pretending to look for the family driver. After being served coffee, they brandished firearms, announced a robbery, and herded the household occupants into the library. Yabut ordered the house caretaker to tie Santiago’s hands. San Antonio ransacked the rooms while Yabut stood guard. They stole cash and jewelry. As they were leaving, San Antonio grabbed Yabut’s armalite and fired at the captives, killing four persons (Joaquina Ege, Lydia Catarig, Dario Enero, and Rosario Enero) and injuring two others (Gen. Amado Santiago and Alfredo Bultron). San Antonio and Yabut were arrested, and the loot and firearms were recovered. Both accused admitted participation at trial, with Yabut offering to plead guilty only to simple robbery, denying involvement in the killings. The Regional Trial Court convicted both as charged and sentenced them to reclusion perpetua. San Antonio withdrew his appeal, leaving Yabut as the lone appellant.

ISSUE

1. Whether conspiracy existed between Yabut and San Antonio.
2. Whether Yabut should be held guilty only of robbery and not liable for the killings.
3. Whether the aggravating circumstances of nighttime and the killings were correctly considered.

RULING

The Supreme Court affirmed the conviction with modifications. Conspiracy was duly proven; it may be inferred from the conduct of the accused before, during, and after the crime, showing unity of purpose. Yabut and San Antonio acted in concert: they borrowed a car together to get the armalite, both brandished weapons to herd the victims, Yabut ordered the tying of Santiago’s hands, and he stood guard during the ransacking. Where conspiracy exists, the act of one is the act of all, and each conspirator is equally guilty of the crime committed. Consequently, Yabut is liable not only for robbery but also for the resulting homicides and injuries under the special complex crime of robbery with homicide (where “homicide” is understood in its generic sense to include murder and physical injuries). The number of persons killed does not change the designation of the crime or increase the penalty. The penalty of reclusion perpetua, being single and indivisible, is applied regardless of any aggravating or mitigating circumstances; thus, the issue of aggravating circumstances became immaterial. The Court deleted the award of actual damages (P545,000.00 for stolen items and amounts for injuries to Bultron and Santiago) for lack of evidentiary support, as the loot was recovered and no evidence was presented on the actual damages from the injuries. Civil indemnity for each deceased victim was increased to P50,000.00.