GR L 1604; (June, 1949) (Digest)
G.R. No. L-1604, L-1712 and L-1713; June 27, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERVILLANO FALTADO, BERNABE FALTADO, ET AL., defendants-appellants.
FACTS
The appellants, led by Servillano Faltado, were charged in three separate cases for crimes committed during a robbing expedition in Barrio Balete, Batangas. The charges included robbery in band, robbery in band with double murder and frustrated murder, and robbery in band with physical injuries, all committed against the Biscocho family. Servillano Faltado harbored a grudge against his brother-in-law, Angel Biscocho. On February 26, 1946, Servillano invited Juan Ramos, Aquilino Agno, and Rufino Magsanga to his house, armed them, and, together with his minor son Bernabe, led a raid on the houses of Angel, Santiago, and Mamerto Biscocho. During the raid, they killed Juanito and Epitacio Biscocho, seriously wounded Angel Biscocho, and stole money and a cow. Aquilino Agno was discharged to become a state witness. The cases were jointly heard in the Court of First Instance of Batangas, resulting in convictions. The accused appealed.
ISSUE
Whether the appellants are guilty as principals of the crimes charged, and what are the proper penalties to be imposed.
RULING
The Supreme Court affirmed the convictions with modifications. All appellants are liable as principals. In Case No. 10519 (robbery with double murder and frustrated murder), the Court found the aggravating circumstances of evident premeditation, band, and dwelling. For the murders, Servillano Faltado, Juan Ramos, and Rufino Magsanga were sentenced to reclusion perpetua for each murder (due to lack of sufficient votes for the death penalty). For the frustrated murder of Angel Biscocho, they were sentenced to an indeterminate penalty. Bernabe Faltado, being a minor, was committed to Welfareville. The indemnities were increased. In Case No. 10513 (robbery in band), the penalty for Servillano Faltado was modified to an indeterminate sentence. In Case No. 10520 (robbery with physical injuries), a similar penalty modification was made. Applying Article 70 of the Revised Penal Code, the total imprisonment for any appellant shall not exceed forty years. The appealed decisions were affirmed with these modifications.
AI Generated by Armztrong.