GR L 22518; (January, 1968) (Digest)
G.R. No. L-22518 January 17, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO ATENCIO, SILVESTRE COLISAO, and DOMINGO ATENCIO, defendants.
FACTS
On the evening of December 7, 1961, in Sitio Pocdol, Bobon, Samar, accused Ricardo Atencio, Domingo Atencio, Silvestre Colisao, and Bonifacio Gremio conspired to rob the house of Gerardo Rapsing. Ricardo Atencio initially invited Bonifacio Gremio, who later became a state witness. Upon reaching the house, Ricardo informed Bonifacio of the plan to rob Rapsing. Bonifacio objected but was compelled to accompany them under threat. Ricardo, Domingo, and Silvestre entered the house after ensuring the inmates were asleep, while Bonifacio stayed outside. Bonifacio heard voices and hacking sounds, then fled. The following morning, three victims—Gerardo Rapsing, his nephew Sebastian Rapsing, and helper Daniel Rosita—were found dead with multiple chopping and incised wounds, and personal belongings worth P409.40 were missing. Ricardo Atencio gave extrajudicial confessions, participated in a re-enactment, and some stolen items were recovered, including a T-shirt worn by Domingo Atencio. The accused were charged with Robbery in Band with Triple Homicide. The trial court found all three guilty and sentenced them to death.
ISSUE
The main issue is whether the accused are guilty of the complex crime of robbery with triple homicide, and whether the aggravating circumstances of treachery, nighttime, and dwelling were correctly appreciated.
RULING
The Supreme Court affirmed the conviction. The accused were found guilty as principals of the complex crime of robbery with triple homicide. The aggravating circumstances of treachery, nighttime, and dwelling were properly appreciated, with no mitigating circumstances to offset them. The Court held that treachery was present because the attack was made while the victims were asleep, ensuring the execution without risk to the assailants. Nighttime was deliberately sought to facilitate the crime, and dwelling was not inherent in robbery with violence against persons. For lack of the necessary votes for the death penalty for all, the penalty for Domingo Atencio and Silvestre Colisao was reduced to life imprisonment (reclusion perpetua). Ricardo Atencio’s death sentence was affirmed. All accused were ordered to pay jointly and severally the value of the stolen goods (P409.40) and indemnify the heirs of each victim P6,000.00.