G.R. No. L-2728 December 29, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JORGE BARREDO, CRISOLOGO BANDELION, and SALVADOR FALCIS, defendants-appellants.

FACTS

On September 17, 1947, in Sigma, Capiz, a group led by Rafael Deita shot homeowner Jaime Boday and robbed his house, with his wife Trinidad Punsaran present. The robbers took cash and valuables. Boday later died from his gunshot wound. The same group also robbed another house that night. Appellants Jorge Barredo, Crisologo Bandelion, and Salvador Falcis were part of the group. They initially confessed via affidavits taken by a justice of the peace and an assistant fiscal but later recanted, claiming torture by the Military Police. The trial court convicted them of robbery with homicide under Article 294 of the Revised Penal Code and sentenced each to reclusion perpetua.

ISSUE

Whether the trial court correctly convicted the appellants of robbery with homicide based on the evidence, including their repudiated affidavits.

RULING

Yes, the conviction is affirmed with modification. The Supreme Court upheld the trial court’s finding that the appellants’ affidavits were voluntary, as they were taken before judicial officers who explained the contents. The Court found that the appellants, though possibly not initial conspirators, joined the conspiracy to rob upon learning of the plan. Barredo and Falcis were identified inside the robbed house; Bandelion acted as a guard. The mitigating circumstance of voluntary surrender offset the aggravating circumstance of dwelling, but nighttime was not considered aggravating as it was not deliberately sought. The penalty of reclusion perpetua was proper. The civil indemnity for Boday’s death was increased from P2,000 to P6,000.

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