GR L 1263; (August, 1948) (Digest)
G.R. No. L-1263; August 27, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JANAHUDIN PAKAH, ET AL., accused-appellant.
FACTS
On March 24, 1946, Luciano Aizon and his wife Perfecta Contemplado were found killed in their house in Zamboanga City. Their house was ransacked, and personal belongings, including cash, jewelry, clothes, and a shotgun, were missing. Agustin Bonifacio arrived at the house and heard Perfecta tell appellant Janahudin Pakah, “It is up to you, what you want to get.” Upon seeing Bonifacio, Pakah unsheathed his bolo and chased him away. The stolen shotgun was later recovered from Pakah’s house. Upon arrest, Pakah admitted to killing Luciano Aizon and surrendered his blood-stained bolo. He initially pleaded guilty at arraignment but later claimed the plea was made out of fear.
ISSUE
Whether the trial court correctly convicted appellant Janahudin Pakah of the crime of robbery with homicide.
RULING
Yes, the conviction is affirmed with modification. The Supreme Court found the evidence sufficient to prove Pakah’s guilt for robbery with homicide beyond reasonable doubt, based on his conduct at the scene, the recovery of stolen property from him, and his extrajudicial confession and initial guilty plea. The Court rejected the aggravating circumstance of band as there was no evidence of more than three armed malefactors, and also rejected the aggravating circumstance of dwelling due to lack of evidence that the victims gave no provocation. The mitigating circumstance of lack of instruction was appreciated in Pakah’s favor but did not alter the penalty. The penalty of reclusion perpetua was affirmed under Article 294(1) of the Revised Penal Code. The Court modified the judgment to also order Pakah to indemnify the heirs of the deceased for the unrecovered stolen property valued at P985, in addition to the death indemnities.
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