Facts:
On June 4, 1971, in
Cavite City and in the vicinity of the
United States Naval Base at Sangley Point, Cavite,
Enrique Concepcion and several other accused were charged with participation in a robbery in band involving the
American Express Bank Branch within the naval base, and with related robberies in band. The information in
CCC-VII-843 (Cavite City) alleged that the conspirators, armed with firearms, forcibly and violently took from the American Express Bank the amounts of
$41,120.79 and
P96,532.38, and that during the robbery
Lt. James Plumpowski, USMC, who responded to the bank alarm, sustained serious wounds and died as a consequence of an encounter during the robbery. The informations in
CCC-VII-844, CCC-VII-845, and CCC-VII-846 charged separate robberies in band committed, respectively, against
Antonio Araquel (P86.00),
Aguinaldo Development Corporation (Goody-Goody Bakery) (a delivery truck valued at $1,500.00), and
Rodrigo Estrebillo (his driver’s license valued at P6.00). Upon arraignment,
Enrique Concepcion pleaded
NOT GUILTY. At trial, other accused either pleaded or were convicted, while the trial court ultimately
found Enrique Concepcion guilty beyond reasonable doubt. In its
joint trial judgment dated
November 5, 1979, the court a quo held Concepcion guilty in
CCC-VII-843 of
Robbery in Band with Homicide and imposed
reclusion perpetua, ordering him and other accused to indemnify the heirs of Lt. Plumpowski in
P12,000.00, and to pay the American Express Bank
$41,120.79 and
P96,532.38, plus moral and exemplary damages. For the robberies in
CCC-VII-844, CCC-VII-845, and CCC-VII-846, the trial court sentenced Concepcion and the other convicted accused to imprisonment from
four (4) years, two (2) months and one (1) day to
six (6) years in each case, and ordered corresponding indemnities to the offended parties. Concepcion appealed, insisting that there was
no proof of his actual participation and
no conspiracy; he also asserted
alibi. The appellate decision reviewed whether the evidence established conspiracy and whether the legal characterization and penalties imposed by the trial court were correct.
Issues:
Whether
Enrique Concepcion conspired with his co-accused in the commission of the
robbery in band with homicide and the related robberies, and whether the trial court properly characterized the offense and correctly imposed the corresponding penalties.
Ruling:
Ratio:
Doctrine: