This case has been cited 1 times or more.
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2015-03-23 |
PEREZ, J. |
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| These requisites are obviously present in this case considering that the evidence shows that after Danilo suddenly fired at Emilio's lower portion of the chest accused Antonio and Yoyong ganged up on Emilio, with Antonio hitting him with a lead pipe on the right back portion of his legs and in the middle back torso and hacking him with a samurai, and accused Yoyong hitting also (sic) him with a lead pipe on the right back leg and middle portion of his back. Said action of the four (4) accused rendered it difficult for the victim to defend himself.[5] However, citing People v. Nimo,[6] the RTC ruled that because robbery was not duly established, it cannot convict accused-appellants for robbery with homicide. It relied on the principle that in order to sustain a conviction for robbery with homicide, robbery must be proven as conclusively as the killing itself.[7] Thus, as opposed to the Information which charged the accused-appellants of the crime of Robbery with Homicide, the RTC found accused-appellants guilty beyond reasonable doubt of the crime of Murder by conspiracy. The dispositive portion of the RTC Decision reads:THEREFORE, the Court finds accused BAYANI DE LEON, ANTONIO DE LEON, DANILO DE LEON and YOYONG DE LEON guilty beyond reasonable doubt of the crime of MURDER defined and penalized under Article 248 of the Revised Penal Code as amended and are hereby sentenced to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties provided by law and to jointly and severally indemnify the heirs of the late EMILIO PRASMO the amounts of P50,000.00 as indemnity for his death and P50,000.00 as moral damages.[8] | |||||