Title
People vs. Penillos y Lucindo
Case
G.R. No. 65673
Decision Date
Jan 30, 1992
Four intruders, including Abelardo Penillos, robbed and killed Aproniano Lladones, injuring his wife Epifania. Penillos was convicted of Robbery with Homicide; his confession was inadmissible due to lack of counsel.
A

Case Digest (G.R. No. 65673)

Facts:

  • Incident Overview: On July 31, 1981, in Legazpi City, four individuals, including accused-appellant Abelardo Penillos, entered the house of spouses Aproniano Lladones and Epifania Lopez Lladones. The intruders demanded money, and when Aproniano refused, he was forcibly taken outside, hogtied, and stabbed to death. Epifania was hacked on her shoulder as she tried to follow her husband.
  • Apprehension and Trial: Only Abelardo Penillos was apprehended; his co-accused remained at large. Penillos pleaded not guilty and was given a separate trial.
  • Prosecution’s Evidence: Epifania testified that she recognized Penillos during the incident due to the illumination from a kerosene lamp. She identified him as one of the intruders who sat on her husband’s belly and demanded money. She also recognized him when he pinned her under a table.
  • Defense’s Alibi: Penillos claimed he was at his grandmother’s house in Barangay Esperanza, Sorsogon, on the day of the incident and arrived in Legazpi City at around 8:00 PM, spending the night at his father-in-law’s house.
  • Trial Court’s Decision: The trial court convicted Penillos of Robbery with Homicide and Attempted Homicide, sentencing him to reclusion perpetua and ordering him to pay indemnity to the victims’ heirs.

Issues:

  • Identification of the Accused: Whether the trial court erred in giving credence to Epifania’s identification of Penillos, given the lighting conditions and her state of shock during the incident.
  • Admissibility of Confession: Whether Penillos’ extra-judicial confession was admissible, considering alleged violations of his constitutional rights during the investigation.
  • Proper Designation of the Crime: Whether the trial court correctly designated the crime as Robbery with Homicide and Attempted Homicide, or if it should have been simply Robbery with Homicide.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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