G.R. No. 201867 - People vs. Natindim

On the evening of July 29, 1997, at Sitio Sta. Cruz, Dansolihon, Cagayan de Oro City, appellants Rogelio Natindim, Jimmy P. Macana, Rolando A. Lopez, Danny A. Piano, Arnold A. Araneta, Johnny O. Lopez, Satorane Panggayong, Nestor Labita, Carlito Panggayong, Gerry Lopez Natindim, Edimar Panggayong, and Marque B. Clarin were charged with Robbery (Criminal Case No. 97-1257) and Murder (Criminal Case No. 97-1258).
The crimes involved the killing of Pepito A. Gunayan and the robbery of properties belonging to Judith Gunayan, his wife. The robbery included an air gun, a radio, a goat, two pigs, a fighting cock, and a hen, amounting to P7,700.00.

Judith and Pepito Gunayan, with their two minor children, were having dinner when they heard suspicious sounds outside. Pepito checked outside but was shot in the head and fell.
Men claiming to be "Ronda Tanod" threatened the household and coerced Judith and the children to come down. Judith recognized several accused persons involved.
The accused forcibly entered the house, attacked Pepito further by hacking him, and proceeded to rob the property.
Judith was hogtied, threatened, and sexually assaulted by one accused before the group fled.
Neighbors later found Judith and assisted her. Pepito was found mortally wounded.

Nestor Labita and other accused admitted meeting earlier that day to plan the killing of Pepito, motivated by personal revenge.
They claimed Pepito was the initial aggressor and fired at them, prompting Edimar to shoot him.
They admitted entering the house and taking some items but denied taking all the properties, including the animals.
Some accused, including Arnold Araneta, Danny Piano, Johnny Lopez, Rolando Lopez, Jimmy Macana, Marque Clarin, and others, denied participation or knowledge of the crime and/or cited alibis.
Several accused provided inconsistent or opposing testimonies regarding involvement.

Regional Trial Court (RTC), Branch 25, Cagayan de Oro City, found the accused guilty beyond reasonable doubt of Murder and Robbery.
The RTC relied heavily on Judith’s testimony, corroborated by the autopsy report and guilty pleas of Edimar, Nestor, and Gerry.
Aggravating circumstances found included dwelling, treachery, nighttime, cruelty, aid of armed men, and intoxication.
Some mitigating circumstances such as voluntary surrender were not credited as they related to different crimes.
Sentences imposed included death penalty (later addressed for compliance with law) and civil liabilities totalling P75,000.00 for civil indemnity and moral damages, and burial expenses.

Affirmed RTC conviction but modified some penalties and remanded Satorane Panggayong's case for further proceedings regarding his minor status.
Reiterated sufficiency of prosecution’s case based on identification and corroboration.
Affirmed the application of qualifying and aggravating circumstances.

Whether the trial court erred in convicting the accused despite the absence of specific allegations of qualifying circumstances for murder in the Information.

Whether the trial court erred in imposing the death penalty considering alleged erroneous appreciation of attendant circumstances.

Whether the trial court erred in finding the accused guilty beyond reasonable doubt of Robbery and Murder.

Whether the prosecution overcame the presumption of innocence.
Whether there was evidence showing conspiracy and evident premeditation on his part.

Issue raised by Carlito and Edimar: Whether the trial court erred in not appreciating mitigating circumstances like voluntary plea of guilty and voluntary surrender.