G.R. No. L-5775; January 28, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AGUSTIN PIAMONTE, ET AL., defendants; GUILLERMO MASCARIÑAS alias ELMO and VICENTE JASME, JR., alias DODONG, defendants-appellants.

FACTS

Early on October 28, 1951, a robbery was committed at the house of Magno Israel in Baybay, Leyte, during which Israel was seriously wounded. He was taken to the hospital. The Chief of Police and the Justice of the Peace visited him the next morning; finding him in critical condition with his life merely being prolonged, they had him ratify an affidavit. In this ante mortem declaration, Israel identified appellant Guillermo Mascariñas as one of the robbers who took P320, though he could not identify who wounded him. Based on this, Mascariñas was arrested and made a written confession (Exhibit F), admitting he, Agustin Piamonte, and Vicente Jasme, Jr. planned to rob Israel. He stated he stood guard while Piamonte and Jasme, Jr. went upstairs, and he fled when Israel resisted and was assaulted. Piamonte, upon arrest, also confessed, stating Mascariñas planned the robbery, that Mascariñas stabbed Israel, and that Jasme, Jr. participated. Jasme, Jr. was arrested but refused to give a statement. Israel survived initial surgery but, due to his weakened condition, contracted mucuous colitis and died on December 28, 1951. At trial, Mascariñas testified they went to Israel’s house merely to escort Jasme, Jr., Israel’s nephew, and claimed his confession was coerced by a policeman. Jasme, Jr. presented an alibi, denying knowing Israel or being at the scene, and claimed he sold his clothes to Piamonte a week earlier. Evidence showed Jasme, Jr. left blood-stained trousers and a shirt at a witness’s house on the morning of the crime.

ISSUE

The main issues are: (1) Whether the guilt of appellants Guillermo Mascariñas and Vicente Jasme, Jr. for the crime of robbery with homicide is proven beyond reasonable doubt; and (2) Whether the death of Magno Israel was the proximate result of the wounds inflicted during the robbery.

RULING

The Supreme Court affirmed the judgment of the lower court, finding both appellants guilty of robbery with homicide. The guilt of Mascariñas was established by his own extrajudicial confession, corroborated by the confessions of his co-accused Piamonte and the ante mortem declaration of the deceased. His claim of coercion was rejected, as the Justice of the Peace and Chief of Police testified the confession was voluntary. The guilt of Jasme, Jr. was established by the confessions of his co-conspirators and the circumstantial evidence of the blood-stained clothes he left behind. Conspiracy among the three accused was evident from their concerted actions before, during, and after the crime; thus, the extrajudicial confession of one could be used as corroborative evidence against the others. The Court ruled that the wounds inflicted during the robbery were the proximate cause of Israel’s death, as his weakened condition from those wounds led to the mucuous colitis that killed him. The crime is robbery with homicide under Article 294(1) of the Revised Penal Code, punishable by reclusion perpetua to death. Considering the aggravating circumstances of nocturnity and dwelling, but in light of the case’s circumstances, the penalty of reclusion perpetua was imposed. The decision was affirmed with costs.