G.R. No. L-32997 July 30, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANICETO PEDROSO and AGUSTIN SALCEDO, accused-appellants.

FACTS

Accused-appellants Aniceto Pedroso and Agustin Salcedo, along with several others, were charged with Robbery in Band with Double Homicide and Multiple Frustrated Homicide. The information alleged that on February 10, 1963, in Tulunan, Cotabato, the armed group, by means of violence and intimidation, robbed the house of Agustin Mallorca, taking cash, a shotgun, and ammunition. On the occasion of the robbery, they attacked the occupants, resulting in the deaths of Agustin Mallorca and Proceso Mallorca and serious gunshot wounds to four others.
The prosecution evidence established that at around 6:00 a.m., seven armed men, including the appellants, arrived at the Mallorca residence. Some bought cigarettes from the ground-floor store before pointing their guns at Proceso and Agustin Mallorca. Appellants Pedroso and Salcedo went upstairs to threaten the other family members. When Proceso Mallorca attempted to escape by jumping from the balcony, the group, including the appellants, opened fire, killing him and Agustin Mallorca and wounding several others. The robbers then ransacked the house, taking money and property before fleeing.

ISSUE

The core issue for mandatory review is whether the guilt of appellants Aniceto Pedroso and Agustin Salcedo for the complex crime of Robbery with Homicide was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction and the imposition of the death penalty. The legal logic rests on the conclusive establishment of conspiracy and the proper classification of the crime. The eyewitness testimonies, which the trial court found credible, consistently and positively identified the appellants as active participants among the armed bandits. Their collective actions—the simultaneous armed intrusion, coordinated threats, and the concerted firing at the victims—demonstrated a community of criminal purpose, making each conspirator liable for all acts committed in furtherance of the robbery.
The crime committed is the special complex crime of Robbery with Homicide under Article 294(1) of the Revised Penal Code. The homicides and frustrated homicides were committed by reason or on the occasion of the robbery, absorbing these acts into a single indivisible offense. The Court rejected the defense of alibi, finding it weak and unsubstantiated against the positive identification. The aggravating circumstances of band, dwelling, and uninhabited place were duly proven and not offset by any mitigating circumstance, justifying the imposition of the supreme penalty. The judgment of the trial court was affirmed in toto.