G.R. No. L‑2923
December 4, 1906
FACTS
– On 29 May 1904, Pedro Palmadres and two accomplices, armed with bolos, robbed José Alconaba and his 16‑year‑old nephew Licerio Alconaba in the barrio of Isabang, Lucena, Tayabas.
– After the robbery the victims were taken to the mountains, tied to a tree, blindfolded and robbed of 2 reales 4 cuartos.
– While the victims attempted to free themselves, the robbers attacked again; José Alconaba was killed, and one robber (Florentino Desembrana) was later found dead with his head severed.
– Licerio Alconaba testified, corroborated by other witnesses (Maria Espinosa, Lope Capistrano, Carlos Capistrano, Catalino Sevilla) that Palmadres was one of the assailants.
– The trial court found the evidence “convincing” and convicted Palmadres of robbery with homicide under Art. 503 (par. 1), Philippine Penal Code, with the aggravating circumstance of alevosía and despojado, sentencing him to death.
ISSUE
Whether the killing of José Alconaba can be legally incorporated into the single complex crime of robbery with homicide (Art. 503 par. 1), or whether it constitutes a separate homicide unrelated to the robbery, especially in view of Spanish Supreme Court precedents (May 23 1899; Oct. 19 1894) that limited the doctrinal scope of “on account of or on the occasion of the robbery.”
RULING
– The Supreme Court held that the doctrine from the cited Spanish cases does not apply because, unlike those precedents, the homicide was committed while the robbery was still in progress and directly to conceal the robbery.
– Accordingly, the complex crime of robbery with homicide was properly affirmed.
– The aggravating circumstance of alevosía was not substantiated; the Court removed that finding.
– The conviction and death sentence were upheld (subject to the removal of alevosía), and Palmadres was ordered to pay ₱1,000 to the victims’ heirs and the costs of the proceedings.
– The case was remanded for execution after ten days from final judgment.