G.R. No. L-26489 April 21, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ODONCIO TARRAYO alias ODON, ET AL., defendants, SALVADOR EGANG and FELIPE ROBLES, defendants-appellants.

FACTS

Accused Salvador Egang and Felipe Robles, along with Odoncio and Felipe Tarrayo (who remained at large), were charged with the complex crime of robbery with homicide with rape. The information alleged that on the night of May 28, 1966, in Sitio Lamod, San Jose, Samar, the accused, conspiring and armed with bolos and a “palaw” (a piece of wood for unhusking coconuts), entered the dwelling of Feliciano Fajardo. They attacked and killed Olimpio Gremio with the “palaw,” took cash totaling P5.75 from the victims, and on the occasion of the robbery, dragged Rosilla Gremio (a minor) to a coconut plantation and took turns raping her. The information alleged the aggravating circumstances of nighttime, superior strength, dwelling, and uninhabited place. Upon arraignment, after being duly advised by counsel and the judge, accused Egang and Robles pleaded guilty. The trial court, based on their plea and evidence including their detailed statements during the preliminary investigation, found them guilty. It appreciated the plea of guilty as a mitigating circumstance but rejected voluntary surrender, as they were already under arrest for another crime. It appreciated the aggravating circumstances of nighttime, superior strength, dwelling, and uninhabited place, and imposed the death penalty.

ISSUE

Whether the trial court correctly imposed the penalty of death on the appellants.

RULING

The Supreme Court affirmed the conviction but modified the appreciation of aggravating and mitigating circumstances. It held that the circumstance of “uninhabited place” should not have been appreciated, as its isolation was not purposely sought by the accused for the robbery with homicide, though it was for the rape. However, the Court found that the trial court should have considered the aggravating circumstances of evident premeditation and band, which were alleged in the information and supported by the evidence (the accused were all armed and had a deliberate plan to rob and kill if resisted). The rape was properly treated as an aggravating circumstance of the complex crime. Thus, the crime of robbery with homicide was attended by the aggravating circumstances of nighttime, abuse of superior strength, dwelling, rape, evident premeditation, and band. With only one mitigating circumstance (plea of guilty) present, the penalty of death under Article 294 of the Revised Penal Code was correctly imposed. The Court affirmed the death penalty and increased the indemnity to the heirs of Olimpio Gremio to P12,000.00.