G.R. No. L-3782; August 31, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEOPOLDO ARNOCO, ET AL., defendants. LEOPOLDO ARNOCO, defendant-appellant.

FACTS

On the evening of November 19, 1949, an armed band raided the house of Andres Pontillas in barrio Bonacan, San Isidro, Leyte, shot and killed Pontillas, and robbed him of P260. An information for robbery in band with homicide was filed against Leopoldo Arnoco, Marciano Arnoco, Ireneo Estancia, Eusebio Estancia, Isidoro Estancia, Genaro Cabias, and Nicasio (alias Naro). Only Leopoldo Arnoco and Marciano Arnoco were tried; the case against Marciano was dismissed for insufficiency of evidence. Leopoldo Arnoco was convicted of robbery with homicide and sentenced to life imprisonment, indemnity of P4,260, and costs. He appealed, denying participation in the crime.
The evidence established that three months prior, appellant intervened to settle a robbery case against the Estancia brothers by compensating the victim. On the day of the crime, the Estancia brothers and companions gathered in appellant’s yard in the afternoon. That night, the band, including appellant and his nephew Marciano Arnoco, armed with weapons including a rifle and a .45-caliber pistol, went to Pontillas’ house. They captured and bound Marciano Cator and Pastor Ilagan. Appellant remained downstairs as a guard or lookout while others went upstairs, shot Pontillas (who died the next day), bound Primo Cator, and robbed P260. After the raid, the band went to appellant’s house, and appellant later guided them partway to barrio Villalon, with Marciano Cator taken captive and never seen again. The next morning, appellant went to Pontillas’ house and picked up a .45-caliber empty shell near the body. Appellant later surrendered a .45-caliber pistol, identified at trial as the gun pointed at Primo Cator and Pastor Ilagan during the robbery.

ISSUE

Whether the evidence sufficiently establishes appellant Leopoldo Arnoco’s guilt as a co-author of the crime of robbery with homicide.

RULING

Yes. The Supreme Court affirmed appellant’s conviction, with modifications. The evidence conclusively proves appellant’s participation. Witnesses Primo Cator and Pastor Ilagan, who knew appellant well and bore no grudge, testified he was with the raiding band, acting as a guard or lookout. His role as a lookout does not diminish his criminal liability as a co-author. Appellant’s prior intervention to settle a robbery case for the Estancia brothers, the presence of the brothers in his yard before and after the raid, and the affidavit of co-accused Marciano Arnoco stating the Estancia brothers had “an understanding and agreement” with appellant, demonstrate his tie-up with the band. Appellant’s act of retrieving an empty shell at the crime scene and surrendering the .45-caliber pistol used in the crime further implicates him. The defense arguments regarding appellant’s wealth, alleged inconsistencies in witness testimony, and a new affidavit from Eusebio Estancia exculpating appellant were found unmeritorious. The crime is robbery in band with homicide. For lack of sufficient votes for the death penalty, the life imprisonment sentence was upheld, but the indemnity was increased to P6,000 as recommended. The lower court’s sentence was affirmed with these modifications.