Case Digest (G.R. No. 4382)
Facts:
On 30 June 1907, defendants Pedro Fernandez (alias Infanterna) and others broke into the dwelling of Sotero Austria and Arcadia Gendive, where an ensuing assault and robbery occurred; armed with revolvers and pocketknives, they demanded money, seriously injured Austria and Arcadia, took gold earrings worn by Arcadia, bound Austria, and Austria died about eight or nine hours later. An information dated 14 August 1907 charged the defendants accordingly, and the Court of First Instance of Cavite convicted Pedro Fernandez of the complex crime of robbery with homicide, sentencing him to imprisonment for life, indemnity of P500 to the heirs of the deceased, and one-half of the costs; Pedro Fernandez appealed.Arcadia Gendive identified Pedro Fernandez as one of the men who fired at her husband during the robbery and testified that the attackers searched the house and later she recognized the man who had his foot on her neck. Police and witnesses testified that Sotero Austria, when br
Case Digest (G.R. No. 4382)
Facts:
- Charges filed against the defendants
- An information dated August 14, 1907 charged the defendants with a criminal incident occurring on June 30, 1907.
- The information alleged that the accused broke into the dwelling house of the married couple Sotero Austria and Arcadia Gendive, with whom they engaged in a fight.
- The information alleged that the accused demanded that the couple surrender their money.
- Upon refusal, the information alleged that the accused, who were armed with revolvers and pocketknives, assaulted and seriously injured Sotero Austria and Arcadia Gendive.
- The information alleged that the accused took possession of a pair of gold earrings worn by Arcadia.
- The information further alleged that, upon leaving the house, the accused bound Sotero Austria, and that Sotero Austria died about eight or nine hours later as a consequence of his wounds.
- Trial court findings on the commission of the crime and results
- The Court found that the commission of the crime had been fully proven.
- The Court also found the results of the crime proven, specifically:
- The death of Sotero Austria.
- The injuries occasioned to Arcadia Gendive, from whom the accused took her earrings.
- Evidence on the responsibility of Pedro Fernandez
- Arcadia Gendive’s testimony
- Arcadia testified that Pedro Fernandez was present and was waiting below on the second step of the staircase.
- Arcadia testified that Victor Aranzazu was also downstairs and lit a match.
- Arcadia testified that when the match blew out, Victor lighted another match.
- Arcadia testified that during this moment Pedro fired his revolver and hit her husband.
- Arcadia testified that after Victor again lighted a match, Pedro fired a second time.
- Arcadia testified that an unknown man—the first to attack her husband—was assisted by Pedro and Victor.
- Arcadia testified that the unknown man threw her down in a corner of the house, covered her with a piece of matting or petate, and placed his feet on her neck.
- Arcadia testified that Victor came up, lighted their lamp, searched their house, and that she later saw the face of the man who had his foot on her throat.
- Arcadia testified that the man asked whether she was moving, then ordered her to give him her earrings.
- Arcadia testified that when she pleaded for mercy and offered that she had the earrings, the accused questioned her regarding the location of their money.
- Arcadia testified that although she claimed they had no money, the accused squeezed her throat and told her that people of the barrio said she had plenty of money.
- Arcadia testified that the accused asked her to tell the truth as to how much money she had on Thursday afternoon when her son carried a bundle, and that she answered “yes,” even though it was a lie.
- Arcadia testified that then Victor put out the light and the man holding her throat went down the stairs.
- Arcadia testified that she stood up and saw men below kicking her husband and questioning him about the money.
- Arcadia testified that her husband denied they had any money and denied a claim that he discovered a treasure in a vase.
- Arcadia testified that her husband responded that the money had not been unearthed and was still buried.
- Arcadia testified that then the men left.
- Cayetano Genova’s assistance and report
- Cayetano Genova, a neighbor who heard Arcadia’s cries for help, desisted when the shot was fired.
- Cayetano returned after informing the lieutenant of the barrio.
- Cayetano testified that he found Sotero Austria bound and stretched out on the floor.
- Cayetano testified that Sotero Austria, upon questioning by the lieutenant, recognized Pedro and Victor as the male factors.
- Ambrosio Campana’s police testimony
- Ambrosio Campana, a sergeant of police of Imus, testified that wounded Sotero Austria distinctly told him the names of Victor Aranzazu and Pedro Fernandez.
- Dalmacio Genova’s roundsman testimony
- Dalmacio Genova, a roundsman on duty that night, testified that he was on his rounds accompanied at first by Pedro Fernandez.
- He testified that Pedro was dressed in khaki like a Scout soldier, but they separated at about 9 o’clock.
- He testified that the crime was committed at 11 o’clock.
- Dalmacio testified that when he proceeded to the house of Sotero Austria with the first lieutenant of the barrio, he overheard the lieutenant ask who broke into the house.
- He testified that Sotero Austria gave the names Pedro Fernandez and Victor, the son of a certain Tito.
- Lucio Camayag’s companion and clothing evidence
- Lucio Camayag testified that he was ordered to Dasmarinas to make a report, and that Pedro Fernandez ...(Subscriber-Only)
Issues:
- Whether the penalty imposed on Pedro Fernandez for the complex crime of robbery with homicide should be modified
- Whether the Court of First Instance of Cavite correctly imposed the lesser penalty under the applicable rules when the penalty under Article 503 of the Penal Code results in a composition of two indivisible penalties.
- Whether aggravating circumstances attended the commission of the offense such that the higher penalty...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)