Facts:

The case involves the People of the Philippines as the plaintiff-appellee against Felicito Tawat, Jimmy Tarraya, Nestor Rojo, and Roque Base as the accused. The events transpired on November 30, 1980, in Bugao, Bagamanoc, Catanduanes. The accused were charged with robbery with homicide and frustrated homicide in Criminal Case No. 906 in the Court of First Instance of Catanduanes. The information alleged that between November 24 to 29, 1980, the accused conspired to rob the store of spouses Pedro Lim and Jovita Lim y Sesalem. On the night of the incident, Tawat stabbed Mrs. Jovita Lim, resulting in her immediate death, while Tarraya struck Mr. Pedro Lim with a piece of wood, rendering him unconscious. Rojo acted as a lookout during the crime. The accused then stole approximately P110.00 from the store's cash drawer. The trial court found the accused guilty, citing aggravating circumstances such as evident premeditation, treachery, and the use of superior strength. Roque Ba...

Facts:

1. Incident Details:

   • On November 30, 1980, at around 7:30 PM, in Bugao, Bagamanoc, Catanduanes, accused Felicito Tawat, Jimmy Tarraya, and Nestor Rojo entered the store of spouses Pedro Lim and Jovita Lim.
   • Tawat stabbed Jovita Lim multiple times, causing her instantaneous death.
   • Tarraya hit Pedro Lim on the head with a piece of wood, rendering him unconscious.
   • Rojo stood guard by the door while the other two committed the acts.
   • The accused took P110.00 from the store's drawer before fleeing.

2. Medical and Police Reports:

   • Dr. Elizabeth de Lima treated Pedro Lim for a stab wound and a lacerated wound, which could have been fatal without timely medical intervention.
   • Dr. Carmen Ugel performed a postmortem on Jovita Lim, attributing her death to a penetrating wound caused by a sharp instrument.
   • Patrolman Felipe Villaflor apprehended Rojo after a chase, while Tawat and Tarraya were later arrested.

3. Confessions and Statements:

   • The accused gave written statements admitting their participation in the crime, which were taken after being informed of their constitutional rights.

4. Trial Court Decision:

   • The trial court found Tawat, Tarraya, and Rojo guilty of Robbery with Homicide and Frustrated Homicide.
   • Tawat and Tarraya were sentenced to death, while Rojo received a lesser penalty due to the mitigating circumstance of minority.

Issue:

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Ruling:

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Ratio:

1. Conspiracy: The accused acted in concert, with Rojo as the lookout, Tawat stabbing Jovita Lim, and Tarraya attacking Pedro Lim. Their simultaneous actions and subsequent flight demonstrated a shared criminal intent.
2. Robbery with Homicide: The taking of P110.00 from the store's drawer, coupled with the killing of Jovita Lim and the near-fatal attack on Pedro Lim, constituted the special complex crime of Robbery with Homicide.
3. Frustrated Homicide: Pedro Lim's injuries were life-threatening, and his survival was due to timely medical intervention, satisfying the elements of Frustrated Homicide.
4. Aggravating Circumstances: The crime was committed with treachery (sudden and unexpected attack) and in the dwelling of the victims, which are aggravating factors under the Revised Penal Code.
5. Mitigating Circumstances: The Court did not find sufficient grounds to apply the mitigating circumstance of voluntary surrender for Tarraya.