G.R. No. L-2489; April 12, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONRADO EVANGELISTA, ET AL., defendants.

FACTS

Appellants Conrado Evangelista and Alejandro Salazar, along with three others, conspired to rob a Chinese store. On February 15, 1947, they entered the store of Uy Sang, armed with firearms, robbed him and his landlord Braulio Bulaong, and took cash and a ring. During the robbery, Patrolman Jose R. Antonio arrived, an exchange of gunfire ensued, and the policeman was killed. One of the robbers, Ruperto Roque, was wounded and later died. Appellants were arrested and gave signed statements. The facts of the conspiracy to commit robbery and the killing of the patrolman on that occasion are fully supported by evidence and not disputed.

ISSUE

Whether appellants are guilty of the complex crime of robbery with homicide, or only of simple robbery, on the ground that the conspiracy was only to commit robbery and not homicide.

RULING

The Court affirmed the conviction for the complex crime of robbery with homicide under Article 294(1) of the Revised Penal Code. When an armed band commits robbery and a homicide is committed on the occasion thereof, the crime is robbery with homicide. All members of the band are liable as principals for any assaults committed by the band, unless they attempted to prevent it. The conspiracy to commit robbery in band and the occurrence of a homicide on that occasion were proven and admitted. There was no evidence that appellants attempted to prevent the killing. The presence of aggravating circumstances (nighttime and dwelling) warranted the maximum penalty, but for lack of sufficient votes, the penalty imposed was reclusion perpetua. The indemnity to the heirs of the deceased patrolman was increased to P6,000.

AI Generated by Armztrong.