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 Jaime Boday and robbed his house, with his wife Trinidad Punsaran identifying appellants Jorge Barredo and Salvador Falcis among those who entered. Jaime later died from his wounds. The group also robbed another house that same night. Appellants, along with others, were charged with robbery with homicide. They initially confessed in affidavits taken before a justice of the peace and an assistant fiscal, but later repudiated them at trial, claiming torture by the Military Police. The trial court convicted them.

ISSUE

Whether the trial court correctly convicted appellants of robbery with homicide based on the evidence, including their affidavits and identification by the victim’s wife.

RULING

Yes, the conviction is affirmed with modification. The Supreme Court found the affidavits were given voluntarily, as they were prepared and explained by judicial officers, not the Military Police. The appellants’ participation was established: Barredo and Falcis were inside the house during the robbery, and Bandelion acted as a guard. Although they may not have initially conspired, they joined the conspiracy on the way to the scene. The Court rejected the claim that nighttime was purposely sought, treating it as not aggravating. The mitigating circumstance of voluntary surrender offset the aggravating circumstance of dwelling. The penalty of reclusion perpetua was upheld, but the civil indemnity for Jaime Boday’s death was increased from P2,000 to P6,000.

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