Case Digest (G.R. No. L-3782)
Facts:
The People of the Philippines v. Leopoldo Arnoco, G.R. No. L-3782, August 31, 1951, Supreme Court En Banc, Reyes, J., writing for the Court.An information charging robbery in band with homicide was filed after an armed raid on the night of November 19, 1949, at the house of Andres Pontillas in barrio Bonacan, San Isidro, Leyte; Pontillas was shot and died the following day and P260 was taken. The accused in the information were Leopoldo Arnoco (appellant), Marciano Arnoco, Ireneo Estancia, Eusebio Estancia, Isidoro Estancia, Genaro Cabias, and Nicasio (alias Naro); only Leopoldo and Marciano were tried because the others were not apprehended.
At trial the case was dismissed as to Marciano Arnoco for insufficiency of evidence; Leopoldo Arnoco was found guilty of robbery with homicide and sentenced to life imprisonment, accessories of the law, indemnity of P4,260, and proportionate costs. Leopoldo appealed from that sentence.
The evidence at trial showed (1) that three Estancia brothers and two companions assaulted and earlier robbed Carlos Gaspar in August 1949 and that appellant later paid Gaspar restitution; (2) that on November 19 the Estancia brothers and companions gathered in appellant’s yard in the afternoon and later proceeded to Pontillas’ house where they bound and captured occupants, went upstairs, one shot Pontillas, others robbed the house of P260, and two captives escaped; (3) that appellant remained downstairs as a guard or lookout and later guided the raiding party a short distance toward the trail to barrio Villalon before allowing two companions to leave, while one captive (Marciano Cator) was taken and never heard from; (4) that appellant the next morning went to the house, picked up a .45 shell near Pontillas’ body, and subsequently surrendered a .45 pistol to a municipal councilor, which two witnesses later identified as the gun pointed at them during the raid. Primo Cator and Pastor Ilagan positively identified appellant as being with the raiders; Dominador Arnoco (appellant’s nephew) testified seeing the raiders in appellant’s yard.
During the appeal appellant moved for a new trial on the ground of newly discovered evidence: an affidavit of Eusebio Estancia stating tha...(Pro-only)
Issues:
- Was the evidence sufficient to convict Leopoldo Arnoco as a co-author of robbery in band with homicide?
- Should the motion for new trial based on the affidavit of Eusebio Estancia (newly discovered evidence) be granted?
- Should the Court impose the extreme penalty as recommended b...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)