G.R. No. L-26491 May 20, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PASTOR TAPAC, ET AL., defendants, PASTOR TAPAC, GLICERIO CABIGAYAN, ANTONIO TAPAC, RAMON CABIGAYAN, RODRIGO TAPAC and JUANITO ABEGONIA, defendants-appellants.

FACTS

Pastor, Antonio, and Rodrigo Tapac, Glicerio and Ramon Cabigayan, Juanito Abegonia, and Jesus Abadiac were charged with robbery with homicide. Only the first six were tried, as Jesus Abadiac was never arrested. The trial court found no sufficient evidence of conspiracy but held that they helped each other. It held only Pastor Tapac responsible for the robbery, as he alone took the victim’s money after the attack. All six were found guilty of homicide, with one mitigating circumstance (non-habitual, non-intentional drunkenness) and three aggravating circumstances (superior strength, cruelty, and for Pastor Tapac, the robbery). Pastor Tapac was convicted of homicide complexed with robbery and sentenced to reclusion perpetua. The other five were convicted of homicide and given indeterminate penalties. All were ordered to indemnify the heirs jointly and severally. The six defendants appealed. Pastor Tapac later withdrew his appeal. The remaining appellants assigned errors regarding the indemnity, the conviction of Ramon Cabigayan and Rodrigo Tapac, the aggravating circumstance of cruelty, and the penalties imposed.

ISSUE

1. Whether the lower court erred in sentencing all appellants to indemnify the heirs for the robbery when only Pastor Tapac was found guilty of the robbery.
2. Whether the lower court erred in convicting appellants Ramon Cabigayan and Rodrigo Tapac of homicide instead of an impossible crime.
3. Whether the lower court erred in considering the aggravating circumstance of cruelty against appellants Glicerio Cabigayan, Antonio Tapac, and Juanito Abegonia.
4. Whether the lower court erred in sentencing appellants to the indeterminate penalties imposed.

RULING

The Supreme Court modified the trial court’s decision. It found conspiracy deducible from the concerted actions of all appellants. All appellants, including Ramon Cabigayan and Rodrigo Tapac, are guilty beyond reasonable doubt of the crime of robbery with homicide under Article 294(1) of the Revised Penal Code, punishable by reclusion perpetua to death. The commission was attended by the aggravating circumstances of treachery and cruelty. The mitigating circumstance of intoxication (non-habitual, non-intentional) was appreciated in their favor, offsetting one aggravating circumstance, which would justify the death penalty, but for lack of the required votes, the penalty imposed was reclusion perpetua for all five appellants. The indemnity was increased to P12,000.00. The appealed decision was affirmed in all other respects.