G.R. No. L-23431 July 20, 1979
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE REPATO, ET AL., defendants-appellants.

FACTS

The case involves the robbery and killing of Francisco Bernal. Accused Jose Repato and Francisco de la Cruz, who had been living and working with a witness, Clemente Hermogene, were seen preparing a carbine on the evening of August 14, 1960, before leaving together during a storm. They returned after midnight with a leather valise not previously seen. The following morning, Bernal was found dead in his isolated Marikina home, his hands tied behind his back with wire, and shot. Numerous personal items and cash were missing. Repato later fled to Pangasinan and confessed to his cousin, Artemio Damio, detailing the robbery and murder, showing stolen items including a watch engraved with Bernal’s name, and the carbine used. Damio surrendered a letter from Repato and recovered items to authorities. Ballistics confirmed the carbine fired the fatal shot. De la Cruz pleaded guilty. After trial, Repato was convicted of robbery with homicide and sentenced to death, with the trial court appreciating the aggravating circumstances of nocturnity and evident premeditation.

ISSUE

Whether the trial court correctly imposed the penalty of death for the crime of robbery with homicide.

RULING

The Supreme Court affirmed the conviction but modified the appreciation of aggravating circumstances. The Court held that nocturnity was not duly proven as aggravating. The prosecution failed to establish that the accused deliberately sought the cover of darkness to facilitate the crime, as the stormy conditions that night were incidental and not shown to have been intentionally selected. However, the Court found the presence of treachery as a generic aggravating circumstance. The act of first tying the victim’s hands before shooting him constituted a means that directly and specifically insured the execution of the killing without any risk to the assailants from the victim’s defense. This method rendered the victim helpless, squarely falling within the definition of treachery. In robbery with homicide, treachery does not qualify the killing to murder but operates as a generic aggravator. Under Article 294(1) of the Revised Penal Code, the penalty for robbery with homicide is reclusion perpetua to death. With one aggravating circumstance (treachery) and no mitigating circumstance present, the prescribed rule for two indivisible penalties applies, warranting the imposition of the supreme penalty. The Court thus affirmed the death sentence, also increasing the civil indemnity for the victim’s death to P12,000.00 while upholding other monetary awards. Repato’s escape from prison did not abate the automatic review of his death sentence.