GR L 3250; (June, 1950) (Digest)
G.R. No. L-3250; June 22, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX DEFENSOR and ALBERTO LOABLE, defendants-appellants.
FACTS
On October 1, 1947, six armed men, including appellants Felix Defensor and Alberto Loable, entered the house of Rosita de Betoya. Their leader, Julio Espiton, pointed a carbine at Rosita and demanded money while the others searched the house. Alfredo Legayada and his wife arrived, and Espiton, falsely claiming to be a military policeman, demanded Alfredo’s pistol. When Alfredo presented his license, Espiton tore it and shot him. Although mortally wounded, Alfredo returned fire, killing Espiton. The other men, including the appellants, then fired at Alfredo before fleeing. Alfredo died later that night. The appellants surrendered three days later upon advice. They claimed they were merely guides and had left before the shooting, but evidence, including Defensor’s own statement that he fired at Alfredo, contradicted this.
ISSUE
Whether the appellants are guilty of the complex crime of attempted robbery with homicide.
RULING
Yes. The Supreme Court affirmed the conviction but modified the penalty. The appellants, as part of the armed band that conspired to commit robbery, are liable for the homicide committed on that occasion, even if they did not inflict the fatal wound. The crime is attempted robbery with homicide under Article 297 of the Revised Penal Code. The aggravating circumstance of the crime being committed in band was present, with no mitigating circumstance to offset it. The penalty was thus imposed in its maximum degree: reclusion perpetua. The indemnity to the heirs of the deceased was increased to P6,000.
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