G.R. No. L-1797; June 30, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAFAEL MENDOZA, FELIPE SUIZO, AMBROSIO GARCIA, ANDRES DE MESA, JOSE DIMAANO, and EUSEBIO HERNANDEZ, defendants. FELIPE SUIZO, appellant.

FACTS

On the night of July 13, 1946, an armed band raided the house of spouses Jose Evangelista and Epifania Cordero in San Pablo, Laguna. The robbers took ₱20 and shot both spouses to death. Following an investigation, six persons were charged with robbery with double homicide. One accused, Andres de Mesa, turned state witness. Rafael Mendoza pleaded guilty and was sentenced to life imprisonment. Appellant Felipe Suizo pleaded not guilty, was convicted after trial, and appealed.

The prosecution evidence, primarily from state witness Andres de Mesa and an eyewitness, Remedios Cordero (an 18-year-old inmate of the house), established that Suizo was part of the armed group. Suizo led the group to the house, confirmed they could “get something” from it, helped gain entry, and, armed with a carbine, guarded Remedios Cordero in the dining room during the robbery. Inside the couple’s room, Rafael Mendoza shot and killed them. Suizo denied participation, claiming he was asleep at home, but his alibi was rejected.

ISSUE

Whether appellant Felipe Suizo is guilty as a principal of the crime of robbery with homicide.

RULING

Yes, the Supreme Court affirmed the conviction. Appellant Suizo is liable as a principal for the crime of robbery with homicide under Article 294 of the Revised Penal Code. His active participation in the robbery—by guiding the band, facilitating entry, and guarding an inmate—established his criminal responsibility. As a participant in the robbery, he is equally liable for the homicides committed by his co-conspirator on that occasion, there being no proof he attempted to prevent the killings. The crime was aggravated by nocturnity, band, and dwelling. The proper penalty was death, but for lack of sufficient votes, the Court upheld the lower court’s sentence of reclusion perpetua (life imprisonment) with the corresponding accessory penalties, indemnity, and restitution.

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