GR 86727; (September, 1991) (Digest)
G.R. No. 86727 September 13, 1991
People of the Philippines, plaintiff-appellee, vs. Ernesto Veras, Jr. alias Plongplong, Silvano Sandig, Jr., Arnulfo Mundas, and Artemio Petallo, defendants, Silvano Sandig, Jr., defendant-appellant.
FACTS
On November 16, 1986, in Surigao del Sur, accused Ernesto Veras, Jr., Silvano Sandig, Jr., Arnulfo Mundas, Artemio Petallo, and others, armed with knives, forcibly entered the house of spouses Alberto and Anacorita Saguisa. Posing as NPA members, they demanded durian fruits and ordered Alberto to butcher his dogs. They took Alberto’s wallet containing P1,300 and his air rifle. The accused then brought Alberto downstairs where Sandig suddenly stabbed him. Alberto fled but was chased, overtaken, and stabbed multiple times by the group, resulting in his death with 29 wounds.
An information for robbery with homicide was filed. During trial, accused Mundas was discharged to become a state witness. The trial court convicted Veras, Sandig, and Petallo as principals of robbery with homicide and sentenced them to reclusion perpetua. Sandig appealed his conviction.
ISSUE
Whether the accused-appellant Silvano Sandig, Jr. is guilty of the complex crime of robbery with homicide.
RULING
Yes, the Supreme Court affirmed the conviction. The legal logic rests on the doctrine of conspiracy in relation to the complex crime of robbery with homicide. The Court found that conspiracy among the accused was established by their concerted actions: they planned the crime, positioned themselves around the house, collectively participated in the robbery by taking items and forcing the victim to comply with demands, and fled together after the killing. The act of one conspirator is deemed the act of all.
Consequently, for the complex crime of robbery with homicide, all conspirators are liable as principals even if they did not personally inflict the fatal wounds, provided the homicide was a consequence of the robbery and there was no attempt to prevent the killing. Here, the robbery and homicide were inextricably linked parts of a single criminal design. The Court modified the civil indemnity, increasing death indemnity to P50,000 and ordering reimbursement for other proven losses, with solidary liability. The penalty of reclusion perpetua was affirmed.