G.R. No. L-5195; May 4, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NAPOLEON LIBRE, ET AL., defendants-appellants.

FACTS

Seven persons were accused of robbery with homicide. Three were acquitted, but four appellants—Napoleon Libre, Felix Caparida, Ricardo Micapotin, and Roberto Cañete—were found guilty and sentenced to life imprisonment. On February 24, 1948, the appellants gathered at Jose Abadilla’s yard to get a gun. Not finding Abadilla, their leader, Napoleon Libre, ordered companions to fetch Maximo Omblero. In Narcisa Jimenez’s yard, Libre asked Omblero for money, threatening to shoot him if he refused. Omblero said he had no money and offered food. As Omblero turned his back to leave, Libre and Ricardo Micapotin shot him, inflicting fatal wounds. Appellants then went to Omblero’s house, threatened his wife, broke open a trunk, and took P400. They set fire to the house and left. Appellants were apprehended and gave written confessions, later affirmed under oath before a justice of the peace. The weapons used were recovered and identified. In court, appellants denied the acts, with Libre claiming his confession was extracted through threats and Caparida alleging witnesses bore a grudge against him.

ISSUE

Whether the appellants are guilty of the special complex crime of robbery with homicide under Article 294, paragraph 1, of the Revised Penal Code, despite the killing and robbery occurring at different locations and the varying participation of each appellant.

RULING

Yes, the appellants are guilty of robbery with homicide. The Supreme Court affirmed the sentence of life imprisonment. The killing and robbery are not isolated acts; there is a direct connection, as the killing sprang from the intent to rob and was a step in perpetrating the robbery. When a homicide is committed on the occasion of a robbery, all who took part as principals in the robbery are guilty as principals in the complex crime, unless they endeavored to prevent the killing. The controversy over whether Libre alone or with others shot the deceased is immaterial, as all participated in the robbery. The crime was perpetrated by an armed band, making the imposable penalty death under Article 295, but due to insufficient votes for death, the penalty is life imprisonment. The claim that Libre’s confession was coerced was unsupported, as he sustained no injuries and affirmed it voluntarily before the justice of the peace. The alleged motive of witnesses was insufficient to discredit their testimony.