GR L 6019; (December, 1953) (Digest)
G.R. No. L-6019 December 15, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOPTIN COCOY, ET AL., defendants. MOTIN COCOY and APOLONIO COCOY, defendants-appellants.
FACTS
Martin Cocoy, Apolonio Cocoy, their father Cocoy, Magdaleno Villorente, and Abi were charged with robbery with triple murder. The case against Martin Cocoy and Magdaleno Villorente was dismissed. Initially, Motin and Apolonio Cocoy pleaded guilty. However, the trial court, due to the seriousness of the offense and the accused being illiterate non-Christians, struck out their plea and entered a plea of not guilty to ensure they understood the proceedings. After trial, they were found guilty beyond reasonable doubt of robbery with triple murder and sentenced to death, plus indemnity.
The undisputed facts establish that on March 12, 1952, Jose Leyson left his family—his wife Maria Felix and their two young children—in their isolated hut in Barrio Manica, Libacao, Capiz. Upon his return on March 15, he found his family murdered and his house robbed of money, jewelry, clothes, and rice. The victims had multiple bolo wounds, and the young boy’s eyes were gouged out.
The evidence, including the appellants’ own affidavits and the testimony of witness Roque Idano, conclusively established that Motin Cocoy, Apolonio Cocoy, and Abi were responsible. The appellants initially claimed that only Abi did the killing while they were not looking, but the trial court found this story incredible. Their participation in the ransacking and carrying away of loot was admitted.
ISSUE
Whether the trial court correctly found the appellants guilty of the crime charged and imposed the appropriate penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The crime committed was the complex crime of robbery with homicide, not robbery with triple murder. The Court found the crime hideous and shocking, aggravated by circumstances such as dwelling, uninhabited place, and abuse of superior strength, which would ordinarily justify the death penalty. However, due to the appellants’ ignorance, lack of instruction, status as non-Christians, and isolation from civilized community—noting that Apolonio had never been to the poblacion—some members of the Court voted to reduce the penalty. Lacking the necessary votes for the death penalty, it was reduced to life imprisonment. The indemnity to the heirs was increased from P273.60 to P303.60 as suggested by the Solicitor General. The Court also directed that efforts to arrest the co-accused Abi should continue and ordered copies of the decision be furnished to the Department of Justice and the Chief of the Philippine Constabulary.
