G.R. No. L-10397; October 16, 1958
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO IZON alias FRANKIE, ET AL., defendants-appellants.

FACTS

The defendants were charged with frustrated robbery in band with homicide for an incident at the Colgate-Palmolive Peet compound in Pasig, Rizal, on August 14, 1954. Francisco Izon, the leader and a Makati police officer, conspired with others including Buena Saldariaga, Adriano Dagundong, Rustico San Miguel (who became a state witness), Francisco Robles, Jr., and Rodolfo Plomantes to rob the company warehouse. The plan involved subduing the security guards. Around midnight, Plomantes and Dagundong captured guard Perfecto Ranara, hog-tied him, and took his uniform and shotgun. Dagundong, wearing Ranara’s uniform, then stood watch. Saldariaga broke into the warehouse with Izon’s help. When the other guard, Gualberto Pimentel, approached, Dagundong confronted him and, upon Pimentel’s movement, shot him in the abdomen with a .38 caliber pistol, causing his death. The shot prompted all conspirators to flee without taking any property. The pistol used was traced to defendant Robles. After trial, the lower court convicted the defendants, with Izon and Dagundong sentenced to death for frustrated robbery in band with murder. Dagundong, Robles, and Izon appealed.

ISSUE

The main issues on appeal were: (1) the degree of liability of the appellants for the crime committed, specifically whether the killing constituted murder or homicide, and (2) the sufficiency of evidence to convict Francisco Robles, Jr.

RULING

The Supreme Court modified the lower court’s decision. It found that the killing of Gualberto Pimentel by Dagundong did not constitute murder because the act was not characterized by treachery; Dagundong shot Pimentel during a confrontation when Pimentel made a move, which was not a treacherous attack. Therefore, the crime was frustrated robbery with homicide, not murder. The Court affirmed the conviction of Francisco Izon and Adriano Dagundong for frustrated robbery with homicide, with the aggravating circumstances of nighttime and the aid of armed men, and sentenced them to life imprisonment (reclusion perpetua). However, the Court acquitted Francisco Robles, Jr., because his guilt was not established beyond reasonable doubt; his mere ownership of the pistol used in the crime and the extrajudicial confessions of his co-accused implicating him were insufficient for conviction without corroborative evidence. The decision was affirmed in all other respects.