Facts:

In the case of People of the Philippines vs. Crisologo Empacis, G.R. No. 95756, decided on May 14, 1993, the Regional Trial Court of Cebu City indicted five individuals, including Crisologo Empacis, for robbery with homicide under Article 294 (1) of the Revised Penal Code. The incident occurred on September 16, 1986, around 9:00 PM in Barangay Kanguha, Municipality of Dumanjug, Province of Cebu. The indictment alleged that the accused, armed with carbines and bladed weapons, conspired to attack Fidel Saromines, resulting in his death and the theft of P12,000.00 from him. During the trial, Romualdo Langomez, one of the accused, was absent and remained at large. The trial proceeded with the remaining accused, and during this process, Carlito Antiga died from a gunshot wound. The trial culminated in a verdict where Crisologo Empacis was convicted, while Zacarias Solis and Bebe Antiga were acquitted due to insufficient evidence against them. The trial court, in its judgment dat...

Facts:

Incident Overview

• On September 16, 1986, at around 9:00 PM, in Barangay Kanguha, Dumanjug, Cebu, five men—Crisologo Empacis, Romualdo Langomez, Zacarias Solis, Carlito Antiga, and Bebe Antiga—were charged with robbery with homicide under Article 294(1) of the Revised Penal Code.
• The accused, armed with carbines and bladed weapons, conspired to rob and kill Fidel Saromines. They stabbed him multiple times, resulting in his death, and stole P12,000 from him.

Key Events

1. Initial Interaction: Crisologo Empacis and Romualdo Langomez entered Fidel Saromines' store, pretending to be customers. They bought sardines and rice, ate, and then demanded cigarettes.
2. Robbery and Attack: Romualdo announced a hold-up, demanding Fidel's money. Fidel resisted, leading to a struggle. Romualdo stabbed Fidel multiple times, and Crisologo joined in, stabbing him once.
3. Witness Testimonies:
   • Camila Saromines (Fidel's widow) and Peter Saromines (their son) testified that they witnessed the attack.
   • Peter intervened, wounding Crisologo with a bolo, but Fidel died from his injuries.
   • A neighbor, Balbino Bulak, identified Carlito Antiga as one of the shooters outside the house.
4. Medical Evidence: The post-mortem report confirmed four stab wounds on Fidel, two of which were fatal (penetrating the lungs and heart).
5. Crisologo's Injuries: Crisologo sought medical treatment for wounds inflicted by Peter. He initially lied about the cause of his injuries, claiming he was attacked by a stranger.

Trial Proceedings

• Romualdo Langomez was never apprehended, and Carlito Antiga died during the trial.
• The trial court convicted Crisologo Empacis but acquitted Zacarias Solis and Bebe Antiga due to insufficient evidence.
• The court found that the crime was committed with aggravating circumstances: dwelling, nighttime, craft or fraud, and superior strength.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Conspiracy: The concerted actions of Crisologo and Romualdo, including their joint attack on Fidel and their coordinated efforts to rob him, established conspiracy.
2. Credibility of Witnesses: The testimonies of Camila and Peter Saromines were credible and corroborated by medical evidence. Crisologo's attempt to portray himself as a protector of Fidel was unconvincing.
3. Aggravating Circumstances: The Court found that the accused deliberately sought to exploit the nighttime, used craft to gain entry, and employed superior strength to overpower the victim.
4. Modification of Penalty: The death penalty was commuted to reclusion perpetua due to constitutional provisions, but the Court increased the civil indemnity and ordered restitution.