258-A Phil. 886
For having allegedly robbed the American Express Bank Branch located inside the United States Naval Base in Sangley Point, Cavite City and killed a U.S. marine officer on the occasion thereof, Manuel Mateo, Jr., Esmeraldo Cruz, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion, members of the Cavite City police department, and Emmanuel Caganap, Gener Filoteo, Manuel Mendoza, Rolando Reyes, Danny Tosco, Renato Mendoza, Melanio Mendoza, and seven (7) persons whose identities have remained unknown, were charged before the Circuit Criminal Court of Pasig, Rizal, with the crime of Robbery in Band with Homicide, and three (3) separate crimes of Robbery in Band, docketed therein as CCC-VII-843-Cavite City to CCC-VII-846-Cavite City, inclusive, committed as follows:
1. CCC-VII-843-Cavite City:
"That on or about the 4th day of June, 1971, in
Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, and with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence, and intimidation did, then and there
wilfully, unlawfully and feloniously rob, take and carry away from the American Express Bank Branch, a private firm duly represented by Antonio
Laforteza, resident special agent, of the amount of $41,120.79 and P96,532.38, to the damage and prejudice of the latter in the aforesaid amount of $41,120.79 and P96,532.38; that as a consequence of an encounter during said Robbery in Band, the person of First Lt. James
Plumpowski, USMC, who at that time responded to the alarm flashed by the bank personnel, sustained serious wounds on the vital parts of his body which caused his death. "The aggravating circumstances attendant thereto are the following: "1.
Use of Motor Vehicle; 2.
Taking advantage of superior strength; 3.
Committed in band, all being armed; 4.
Committed with the aid of persons who insure or afford impunity; 5.
Committed with evident premeditation; and 6.
That craft, fraud, or disguise was employed."
2. CCC-VII-844-Cavite City:
"That on or about the 4th day of June 1971, in
Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation, did then and there
wilfully, unlawfully and feloniously rob, take and carry away from Antonio
Araquel, the following articles, to wit:
| "Man's wrist watch Wiseman valued at . . . . . . . . . . . . . . . . . . . . . . . . . | P50.00 |
| Shoes valued at . . . . . . . . . . . . . . . . . . . . . . . . . | 21.00 |
| Cash money in the amount of . . . . . . . . . . . . . . | 15.00 |
| Gate pass (unestimated amount) . . . . . . . . . . . | P86.00 |
to the damage and prejudice of the latter in the aforementioned amount of P86.00. "The
aggravating circumstances attendant thereto are the following: 1.
Use of motor vehicle; 2.
Taking advantage of superior strength; 3.
Committed in band, all being armed; 4.
Committed with the aid of persons who insure or afford impunity; 5.
That craft, fraud or disguise was employed."
3. CCC-VII-845-Cavite City:
That on or about the 4th day of June 1971, in
Noveleta, Province of
Cavite, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation did, then and there
wilfully, unlawfully and feloniously rob, take and carry away from the
Aguinaldo Development Corporation (Goody-Goody Bakery), a delivery truck with Plate No. 42-24xx, Manila 1971, valued at $1,500.00 which
Aguinaldo Development Corporation is duly represented by Atty. Carlos, to the damage and prejudice of the latter corporation in the
aforeamount of $1,500.00 "The aggravating circumstances attendant thereto are the following: 1.
Use of Motor Vehicle; 2.
Taking advantage of superior strength; 3.
Committed in band, all being armed; 4.
Committed with the aid of persons who insure or afford impunity; 5.
Committed with evident premeditation; and 6.
That craft, fraud or disguise was employed."
4. CCC-Vll-846-Cavite City:
"That on or about the 4th day of June, 1971, in
Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation did, then and there
wilfully, unlawfully and feloniously rob, take and carry away from Rodrigo
Estrebillo his Driver's License valued at P6.00, to the damage and prejudice of the afore-said driver in the amount of P6.00. "The aggravating circumstances attendant thereto are the following: 1.
Use of Motor Vehicle; 2.
Taking advantage of superior strength; 3.
Committed in Band, all being armed 4.
Committed with the aid of persons who insure or afford impunity; and 5.
That craft, fraud or disguise was employed."
When arraigned, the accused entered pleas of NOT GUILTY, except for Emmanuel Caganap who pleaded GUILTY to the charges and was accordingly sentenced, in Crim. Case No. CCC-Vll-843-Cavite City, to suffer the penalty of reclusion perpetua; to indemnify the heirs of the deceased Lt. James Plumpowski in the amount of P12,000.00; to pay the American Express Bank Branch, thru Antonio Laforteza, the amounts of $41,120.79 and P96,532.38; to pay the amount of P10,000.00 as moral damages and another P10,000.00 as exemplary damages, and to pay the costs; and in CCC-Vll-844-Cavite City, CCC-Vll-845-Cavite City and CCC-Vll-846-Cavite City, to suffer the penalty of from two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to four (4) years and two (2) months of prision correccional, as maximum, in each of the aforestated cases; and to indemnify the complainants Antonio Araquel, in the amount of P86.00; the Aguinaldo Development Corporation, in the amount of $1,500.00; and Rodrigo Estrebillo, in the amount of P6.00; and to pay the costs.
The accused Rolando Reyes subsequently withdrew his plea of NOT GUILTY and pleaded GUILTY to the charges. He was consequently sentenced, in Crim. Case No. CCC-VII-843Cavite City, to suffer the penalty of reclusion perpetua; to indemnify the heirs of the deceased Lt. James Plumpowski in the amount of P12,000.00; to pay the American Express Bank Branch, thru Antonio Laforteza, the amounts of $41,120.79 and P96,532.38; to pay the amount of P10,000.00 as moral damages and another P10,000.00 as exemplary damages; and to pay the costs; and in Crim. Cases Nos. CCC-VII-844-Cavite City, CCC-VII-845-Cavite City and CCC-VII-846-Cavite City, to suffer the penalty of from two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to four (4) years and two (2) months of prision correccional, as maximum, in each of the aforesaid cases; and to indemnify the complainants Antonio Araquel, in the amount of P86.00, the Aguinaldo Development Corporation, in the amount of $1,500.00, and Rodrigo EstrebiIIo, in the amount of P6.00; and to pay the costs.
On 5 November 1973, upon motion of the City Fiscal, the charges against the accused Manuel Mendoza were dismissed.
After a joint trial of the cases and an assessment of the evidence presented by the parties, judgment was rendered by the court a quo on 5 November 1979, as follows:
"WHEREFORE, in Criminal Case No. CCC-VII-843-Cavite City, the Court finds the accused Manuel Mateo, Jr.,
Esmeraldo Cruz,
Gener Filoteo,
Renato Mendoza,
Melanio Mendoza, Roberto Martinez @ Ruben Martinez and Enrique
Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band with Homicide, as defined in paragraph 1, Article 294 of the Revised Penal Code, as charged in the Amended Information; and the Court hereby sentences
aII of the said accused to suffer the penalty of RECLUSION PERPETUA, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the heirs of the offended party, Lt. James
Plumpowski, in the amount of Twelve Thousand Pesos (P12,000.00); ordering them to pay jointly and severally the American Express Bank Branch, thru Antonio
Laforteza, the amount of Forty-one Thousand One Hundred Twenty Dollars and Seventy-nine Cents ($41,120.79), or its equivalent in Philippine Currency, and the amount of Ninety-six Thousand Five Hundred Thirty-two Pesos and Thirty-eight Centavos (P96,532.38); and to pay their proportionate share of the costs.
"In Criminal Case No. CCC-VII-844-Cavite City, the Court finds the accused Manuel Mateo, Jr.,
Esmeraldo Cruz,
Gener Filoteo,
Renato Mendoza,
Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique
Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, as defined in paragraph 5, Article 294 of the Revised Penal Code, as charged in the Amended Information; and the Court hereby sentences
aII of the said accused to suffer imprisonment of FOUR (4) YEARS, TWO (2) MONTHS and ONE (1) DAY, as minimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the offended party, Antonio
Araquel, in the amount of Eighty-six Pesos (P86.00); and to pay their proportionate share of the costs.
"In Criminal Case No. CCC-VII-845-Cavite City, the Court finds the accused Manuel Mateo, Jr.,
Esmeraldo Cruz,
Gener Filoteo,
Renato Mendoza,
Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique
Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, as defined in paragraph 5, Article 294 of the Revised Penal Code, as charged in the Amended Information; and the Court hereby sentences all of the said accused to suffer imprisonment of FOUR (4) YEARS, TWO (2) MONTHS, and ONE (1) DAY, as minimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; and to pay their proportionate share of the costs.
"In Criminal Case No. CCC-VII-846-Cavite City, the Court finds the accused Manuel Mateo, Jr.,
Esmeraldo Cruz,
Gener Filoteo,
Renato Mendoza,
Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique
Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, as defined in paragraph 5, Article 294 of the Revised Penal Code, as charged in the Amended Information, and the Court hereby sentences all of the said accused to suffer imprisonment of FOUR (4) YEARS, TWO (2) MONTHS and ONE (1) DAY, as minimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the offended party, Rodrigo
Estrebillo, in the amount of Six Pesos (P6.00); and to pay their proportionate share of the costs. "In the service of the sentence, all of the said accused
are entitled to Article 29 of the Revised Penal Code, as amended by Republic Act No. 6127. "As regards the accused
Danilo Tosco @ Danny Tosco, this Court finds the evidence against him insufficient to warrant his conviction beyond reasonable doubt for all the crimes charged in Criminal Cases Nos. CCC-VII-843, 844, 845 and 846-Cavite, and hereby ACQUITS said accused."
From this judgment, the accused Manuel Mateo, Jr., Esmeraldo Cruz, and Enrique Concepcion appealed. Manuel Mateo, Jr. and Esmeraldo Cruz, however, subsequently withdrew their appeals.
The incriminatory facts of these cases, as contained in the People's Brief, are as follows:
"At about 4:45 o'clock in the morning of June 4, 1971, Rodrigo
Estrebillo was driving the Goody-Goody delivery truck of the
Aguinaldo, Inc., coming from its bakery at V.
Mapa, Manila to deliver bread at the then U.S. Naval Base at
Sangley Point,
Cavite City.
With
Estrebillo in the truck was Antonio
Araquel a helper.
At approximately
7:00 o'clock of the same morning of
June 4, 1971, while the Goody-Goody truck was
travelling at the Lido Beach Resort and upon reaching a curve near
Long Beach, a passenger jeep with armed men on board suddenly cut across the way of the Goody-Goody truck.
Estrebillo immediately stopped the truck.
Three armed men alighted from the jeep and one of them poked a gun at
Estrebillo, shoved him to the side and took over the wheels of the Goody-Goody truck.
The second armed man likewise poked a gun at Antonio
Araquel and ordered him to alight from the truck and to go inside the passenger jeep.
The third man blindfolded
Estrebillo with an undershirt and sat in front of the truck sandwiching
EstrebiIIo between him and the other armed man.
Estrebillo identified the armed man who poked a gun at him as Roberto or Ruben Martinez.
Araquel identified the man who pointed a gun at him and ordered him to go to the passenger jeep as
Gener Filoteo.
The man who took over the driver's seat from
Estrebillo was identified as Emmanuel
Caganap.
Thereafter, the passenger jeep proceeded to Bay Court Hotel in
Cavite City near the police checkpoint.
Following the passenger jeep was the Goody-Goody truck driven by Emmanuel
Caganap. "At the Bay Court Hotel,
Estrebillo and
Araquel were brought inside a room.
Estrebillo's blindfold was removed.
Martinez asked
Araquel how to use the gate pass to enter
Sangley Point and the latter informed
Martinez that the receipt for the bread should be stamped by a doctor before actual delivery.
Martinez took the gate pass and the receipt for the bread from
Araquel, as
weII as
Estrebillo's driver's license.
Araquel was stripped of his watch worth P50.00, shoes worth P20.00 and cash money of P15.00.
Estrebillo and
Araquel were warned by
Martinez that they would be killed and be seen floating in the sea should they tell anyone what happened. "Aside from
Martinez and
Filoteo, who were identified by
Estrebillo and
Araquel, other armed men were identified by Marilyn
Tordecillas Orendain, wife of the Assistant Manager of the Bay Court Hotel, Gin Moe alias Lee.
Mrs.
Orendain was at the hotel at
6:00 o'clock in the morning of
June 4, 1971.
She saw Roberto Martinez and Enrique
Concepcion arrive.
She also saw
Esmeraldo Cruz come in when
Martinez asked for a drink.
Concepcion sat in front of Mrs.
Orendain a little away from the counter.
At past
seven o'clock of the same morning, she saw a passenger jeep arrive with armed men followed by a Goody-Goody truck.
The jeep parked near the second house in the house compound, while the Goody-Goody truck went straight to the fourth house and then returned to the second house where the jeep was parked.
Also among the group
were Manuel Mateo, Jr., or June Mateo, the brothers
Melanio and
Renato Mendoza, a certain Doming,
Didong,
Lando and Eddie Mata. "It was at the Bay Court Hotel where
Martinez spelled out the details of the plan to rob the American Express Bank inside
Sangley Point.
At about
10:00 a.m., after
Martinez had acquired the necessary information as to how the entrance to the U.S. Naval Base at
Sangley Point could be effected, the Goody-Goody truck, driven by Emmanuel
Caganap, left the Bay Court Hotel and proceeded to the base.
Beside
Caganap in front of the truck was Gender
Filoteo.
Inside the truck were Rolando Reyes,
Renato and
Melanio Mendoza, Doming and
Didong.
The rest of the group comprising
Martinez, Mateo, Cruz,
Concepcion and Eddie Mata rode in a jeep in going to
Sangley Point.
... ...
... "
Martinez also gave out last-minute instructions.
He told the men in the Goody-Goody truck that his group composed of himself, Mateo,
Concepcion, Cruz, Eddie Mata and
Lando, would be outside the base and would fire to confuse the Americans.
Martinez further said that if there be any danger, hostages would have to be taken. "And so, at about
ten o'clock in the morning of
June 4, 1971, in furtherance of the conspiracy, with
Caganap driving, with
Filoteo beside him, and with Reyes,
Melanio and
Renato Mendoza, Doming and
Didong inside the Goody-Goody truck, the group proceeded towards the American Express Bank inside
Sangley Point.
While still away from the bank,
Gener Filoteo and
Renato Mendoza alighted from the Goody-Goody truck and walked to the bank.
On the pretext that they were looking for the
Administration Building, they asked a U.S. Marine on guard posted at the bank where the
Administration Building is located.
However, the marine did not understand the question, so he did not answer.
Filoteo and
Renato Mendoza then asked a Filipino who was there at the moment, and the Filipino pointed to the
Administration Building.
Filoteo and Mendoza proceeded to cross the street towards the
Administration Building.
At the moment, the Goody-Goody truck arrived.
Immediately,
Filoteo and Mendoza returned to the bank pointed their guns at the marine on guard, Para Guadalupe, handcuffed him at the railings of the stairs in front of the bank and took the marine's shotgun and radio.
Almost simultaneously, the armed men inside the Goody-Goody truck alighted and proceeded inside the bank.
Filoteo and
Renato Mendoza followed but not until after
Filoteo had ordered two of the '
cuadra' boys to stand guard outside the bank near the handcuffed marine, Para Guadalupe.
The latter, recognized from the picture, Exhibit 'G-3', the man wearing a cap, and identified him as
Gener Filoteo, as one of the two armed men who approached him, handcuffed him and took his shotgun and radio.
According to him, the two armed men standing outside the bank near the place where he was
handcuffed, fired shots in the air to scare people. "
Ismael Bob Pittman, a
U.S. marine assigned at the U.S. Naval Base,
Sangley Point, was inside the barracks when he heard the bank alarm.
Responding to the alarm, Pittman and several other
U.S. marines, among
whom were Capt. Taylor, S/Sgt. Mc Daniel, Sgt. Greene, Cpl. Mitchell, Pfc. Thompson, boarded a marine truck and proceeded to the direction of the bank.
There was an exchange of gunfire between the marines and the armed men in the bank.
Pittman hid behind a tree, but could not return fire as he left his firearm in the marine vehicle.
In the ensuing
gunbattle Pittman and Para Guadalupe saw Lt. James
Plumpowski fatally shot. "Inside the American Express Bank, the employees were performing their usual duties.
Helena
Parcero was secretary and assistant vault custodian.
Nicanor Obtera was senior teller and senior custodian of the bank.
Other employees were
Lucila Santos, teller No. 5;
Edgardo Moncal, teller No. 2; and
Angeling Basto.
The Bank Manager, Robert Gilman, was in his office.
When the four or five armed men entered the bank, one of them shouted,
Everybody, do not move; this is a hold-up, and asked for the Manager.
Nicanor Obtera pointed to the Bank Manager, who came out from his office.
Upon orders from the armed men, Gilman told
Obtera to open the vault.
Obtera and
Parcero then opened the vault, with two armed men behind them.
After the two safes in the vault were opened, the armed man holding a sack ordered
Obtera and
Parcero to take the pesos from one safe and the dollars from the other safe and to place them in the sack. "During the shooting that ensued, the man armed with a rifle was hit in the head.
The bleeding man sat near the grill door of the vault, took off his shirt and tied it around his head.
This man was identified as
Renato Mendoza.
Another gunman was shot and who was later identified as Emmanuel
Caganap.
One of the gunmen, known as Doming, was killed. "Meanwhile, Daniel
Luchyz, a U.S.
navyman who was standing in front of the American Express Bank at the time the Goody-Goody truck passed, was ordered by the armed man carrying a rifle to go inside the bank, and there he was told by the man carrying .45 caliber pistol and with a gun slung across his shoulder, to carry the sack of money outside the bank.
The other armed men took hostages with them, rushed out of the bank towards a parked marine truck, boarded the vehicle, sped towards the west gate and made their exit at the portion of the gate where the wire fence was cut two days before the incident.
A group of armed men waited outside the fence for their companions and they all made their escape with the bank loot. "Almost at the same time that the bank heist was happening, another scene was transpiring at the main gate of the U.S. Naval Base at
Sangley Point.
John L.
Tori, Jr. a
U.S. marine stationed at
Sangley Point, was at the main gate of the base at about
ten o'clock in the morning of
June 4, 1971 with his wife
Joselita Tori to shop at the base commissary.
When he heard the alarm, he went back to the gate to close it.
Tori heard four shots outside the gate and saw a woman running towards the gate.
Tori also saw a man running towards Post No. 3 holding and firing a .45 caliber pistol.
Tori identified him as Manuel Mateo Jr.,
Tori also saw another armed man who fired his weapon.
A jeep with motor still running was parked outside the fence of the base about a yard from the tower post.
Tori identified
Esmeraldo Cruz as the one seated inside the jeep with another man with his back turned.
After helping to safety a woman and a child inside the gate,
Tori ran towards Post No. 3, where marine Elliot J. Grey was on guard duty, positioned at the tower located at the fence along the street. "Elliot saw a jeep pass the tower three times and at the fourth time, the jeep pulled off in a corner and two men got out of the jeep, who started firing inside the base, one with .45 caliber pistol and the other with a Thompson
submachinegun.
As the two men fired, they ran down the street behind the jeep which turned to the corner.
Elliot then got out of the tower and ran to the main gate, met
Tori and helped move people for cover.
About two to three minutes after the men fired from outside the base, Elliot heard firing from the direction of the American Express Bank.
Elliot proceeded to the bank and had an argument with the wife of the Bank Manager, who wanted to go to the bank to see her husband, but Elliot brought her to safety inside a house.
Elliot identified Mateo as the gunman who fired the .45 caliber pistol and
Martinez as the man who fired the Thompson
submachinegun. "Merle Dyer is a journalist of the U.S. Navy,
Subic Naval Base.
On
June 4 1971, he was assigned to the U.S. Naval Base at
Sangley Point as a photographer.
Dyer had no actual knowledge that a robbery was being committed at the American Express Bank, but he had a feeling that something was happening from what he saw and heard.
He loaded 20 films in his
Nikkon 35mm camera, with 105 mm. lens.
He positioned himself at the glass of the window in an office about 75 meters away from the scene.
In kneeling position, Dyer took several pictures, using 19 of the 20 films in his camera.
The films were processed by a technician and photograph officer at the base laboratory.
While the films were being processed, Dyer was outside the door of the laboratory.
Among the films developed, the following are the significant ones: "Exhibit 'C' depicts an American holding a gun crouched near a panel truck.
In the background is the building housing the American Express Bank inside the U.S. Naval Base at
Sangley Point. Exhibit 'C-1-a' depicts an armed man in prone position near a tree with a motorcycle nearby.
Exhibit 'C-2-a' shows an armed man emerging from the bank building which is a sequence to Exhibit C-1.
Exhibit 'C-3-a' shows a dead man near a tree, one of the armed robbers.
Exhibit 'C-4-a' shows the American hostage, Daniel
Luchyz, carrying the sack of money and behind him is the gunman later identified as accused
Gener Filoteo.
This is a sequence to Exhibit 'C'.
Exhibit 'C-5' is blow-up of Exhibit 'C-4' in which the marine hostage Daniel
Luchyz and the gunman accused
Gener Filoteo, Exhibit G-5-b, are depicted.
Exhibit 'C-6' shows another gunman herding hostages, Exhibit 'C-6-a'.
Exhibit 'C-7' shows accused
Filoteo at the back of the American hostage Daniel
Luchyz, Exhibit 'C-7-b' with Goody-Goody truck, Exhibit 'C-7-a', clearly visible.
Exhibits 'C-8', 'C-9' and 'C-10' depict accused
Renato Mendoza with bandaged head at the back of the Manager of the American Express Bank.
Exhibit 'C-11' clearly shows accused
Gener Filoteo, Exhibit 'C-11-c', pointing a gun at the American hostage Daniel
Luchyz, Exhibit 'C-11-b', who was carrying the sack of money near the Goody-Goody truck, Exhibit 'C-11-a'.
Exhibits 'C-12' and 'C-13' show accused
Renato Mendoza with bandaged head, holding a gun behind the Bank Manager with raised hands and the American hostage Daniel
Luchyz.
Exhibit 'C-12-a-1', Exhibit 'C-13-b-1', carrying the sack of money near the Goody-Goody truck. Exhibit 'C-14' clearly shows the accused
Renato Mendoza, with bandaged head behind Bank Managers Rolando Reyes, Exhibit 'C-14-1', and
Melanio Mendoza, Exhibit 'G-3'.
Exhibits 'C-15' and 'C-16' show the persons being herded by a gunman in front of the bank. "Dr. William Hunter, Jr., a physician of the U.S. Naval Command Institution at San Miguel
Zambales was working at the dispensary of the U.S. Naval Base at
Sangley Point on
June 4, 1971.
At about
10:50 a.m. the body of the slain Lt. James
Plumpowski was brought into the dispensary.
Together with two other doctors, Dr. Hunter examined the body of Lt.
Plumpowski, found two large wounds on the left side of the chest (Exhibits 'B-1-a' and 'B-1-b') and a
smaII wound on the left arm (Exhibit 'B-1-c').
The marine officer was dead on arrival at the dispensary (Exhibit 'B') Cause of death was external and internal hemorrhage due to gunshot wounds. "Meanwhile at the Bay Court Hotel where the armed group left Rodrigo
Estrebillo and Antonio
Araquel, driver and helper of the Goody-Goody truck, respectively, it was about
2:30 o'clock in the afternoon of
June 4, 1971 that the two left the hotel.
They went towards the police checkpoint in front thereof and boarded a
Saulog bus to
Manila.
Stopping at
Baclaran,
Etrebillo and
Araquel took the JD transit bound for
Monumento, alighting at
Mandaluyong and from there proceeded towards
Quiapo dropping at the
Aguinaldo, Inc. office at V.
Mapa, Manila.
After
Estrebillo reported the incident, he was accompanied to the NBI office by Atty. Fernandez, lawyer of the
Aguinaldo, Inc., and there
Estrebillo narrated what happened to him and Antonio
Araquel.
Atty. Rogelio M. Carlos, Assistant Chief Legal Counsel of the
Aguinaldo, Inc., identified the Goody-Goody truck as one of the properties of the
Aguinaldo, Inc. (Exhibits 'H' and 'H-1') valued at $1,500.00 (Exhibit 'H-2').
Incidentally, the Goody-Goody truck was released to its owner on
July 5, 1971 by the
Cavite PC Command at
Imus,
Cavite. "After the robbery, Antonio
Laforteza, agent of the American Express Company, conducted an investigation on
June 4, 1971, together with the company
travelling auditor.
The investigation revealed that the loss sustained by the American Express Bank as a result of the armed robbery amounted to P96,532.38 and $41,120.79 (Exhibit 'M'). "Immediately after the robbery of the American Express Bank, PC forces under Col. Daniel G. Lira, PC
Cavite Provincial Commander, captured Emmanuel
Caganap, one of the wounded gunmen, in a house in
Cavite City.
Interviewed by M/Sgt. Prospero B.
Gapas of the
Cavite PC Command,
Caganap confessed and admitted his participation in the
Sangley Point holdup and named as his companions, Ruben Martinez, Enrique
Concepcion, Manuel Mateo, Jr., Rolando Reyes, and
Renato Mendoza.
Caganap also stated in the interview which was reduced into writing by Sgt.
Gapas (Exhibit 'A') that Ruben Martinez supplied them with three .45 caliber pistols, two carbines, and three M-16
armalites. "At about
5:30 p.m. of the same day,
June 4, 1971, the military authorities under Col. Lira received information that
Martinez,
Concepcion and Mateo were at the residence of Fiscal Dante
Filoteo at
535 Guzman Street,
Caridad,
Cavite City.
The house was cordoned and guarded to prevent escape.
At
6:00 p.m., Col. Lira met Fiscal
Filoteo two or three blocks away from his house.
Fiscal
Filoteo was informed that the three suspects in the robbery (
Martinez,
Concepcion and Mateo) were in his house and that he should help facilitate their surrender, but Fiscal
Filoteo refused.
At about
8:00 p.m., Col. Lira met Mayor
Dones of
Cavite City, Governor Montano and Fiscal
Filoteo at the Pagoda Restaurant.
Montano and
Dones joined in convincing
Filoteo to help in the surrender of the three suspects.
Again
Filoteo declined and said he was afraid to go to his house because there might be shooting.
Finally, at
one o'clock in the morning of
June 5, 1971 when Fiscal
Filoteo learned that the Chief of the Philippine Constabulary would not countermand Col. Lira's order, Fiscal
Filoteo relented and accompanied by Police Chief Del Rosario of the
Cavite City Police, Fiscal
Filoteo went to his house.
Thereafter, Fiscal
Filoteo came out with
Martinez, Mateo and
Concepcion.
Confiscated were an
armalite from
Concepcion (Exhibit '0-1') and a carbine from
Martinez (Exhibit '0-2').
The three suspects were brought to
Camp Crame immediately for investigation.
However, only
Martinez gave a statement (Exhibit 'U'), while Mateo and
Concepcion refused. "On
September 30, 1971, elements of the PC-CIS arrested Rolando Reyes in barrio
Pugad,
Hagonoy,
Bulacan.
Taken to the CIS office at
Camp Crame, Reyes was investigated by T/Sgt.
Marcial Admana on
October 1, 1971 in the presence of CIS Senior Agent Berlin Castillo and Investigating Agent Cesar
Catibog.
In an extra-judicial confession (Exhibit 'P'), Rolando Reyes narrated in detail the circumstances surrounding the bank robbery in
Sangley Point,
Cavite City and he named his co-accused herein as participants in the said robbery. "On
December 9, 1972,
Gener Filoteo was arrested by CIS agents in his place of work in
Cavite City.
On
December 11, 1972, he gave a statement to the CIS before Sgt. Jacinto
Astrero which corroborated in substantial detail the confession of Rolando Reyes.
Filoteos extrajudicial confession appears in Exhibit 'Q', 'Q-1' to 'Q-7' and identified himself, Rolando Reyes,
Renato and
Melanio Mendoza in the pictures (Exhibits 'Q-8' and 'Q-9'). "On
December 16, 1972, the brothers
Renato and
Melanio Mendoza, accompanied by their mother and former Vice-Mayor of
Imus Francisco Herrera, went to see Gen. Cicero Campos at
U.P. Village to surrender.
As Gen. Campos was not at home, they were told by an aid to proceed to the CIS at
Camp Crame.
Before Sgt.
Astrero,
Melanio Mendoza executed an extra?judicial confession (Exhibits R, R-1, 'R-3'), describing in detail the armed robbery at the American Express Bank at
Sangley Point on June 4, 1971.
Melanio Mendoza corroborated in material points the confession of Rolando Reyes and
Gener Filoteo.
On the other hand,
Renato Mendoza executed and signed a statement (Exhibits 'S' and 'S-1') affirming the truth of his brother
Melanios confession."
The appellant, Enrique Concepcion, denied having participated in the commission of the crimes charged and interposed the defense of alibi. The trial court summarized his evidence, as follows:
"Accused Enrique
Concepcion was a police sergeant of
Cavite City on
June 4, 1971, in-charge of the mobile patrol with tour of duty from
8:00 p.m. to
4:00 a.m. According to
Concepcion, he went home after his tour of duty was finished, took his snack, and was about to sleep when policeman
Esmeraldo Cruz arrived at about past
5:00 a.m. Cruz told him that Vice-Mayor Eduardo de Guzman would like to talk to him about the suspected killer of the brother of the Vice-Mayor.
Concepcion told Cruz that he would follow.
Cruz rode in the mobile car, while
Concepcion took his jeep. At
Salem Restaurant Concepcion talked to Vice-Mayor De Guzman who told him to go to the checkpoint to prevent the escape of the killer of his brother.
It was past
5:00 a.m. when
Concepcion and Cruz left the restaurant.
Cruz parked the mobile car at his house and rode with
Concepcion in the latter's service jeep to the check-point, arriving there at
6:00 a.m. Cpl. Felix
Tiongco was at the checkpoint.
Tiongco asked
Concepcion and Cruz why they came and he was told that Vice-Mayor De Guzman ordered them to be on the look-out for the killer of the Vice-Mayor's brother, a certain Roberto
Javitan.
Pat Manuel Mateo, Jr., also arrived at the checkpoint.
At about
9:30 a.m., Cpl.
Tiongco received a call from the Vice-Mayor and he told him that
Concepcion and Cruz may go home already.
Tiongco relayed the message of the Vice-Mayor to
Concepcion and Cruz. At the same moment, a spare-parts dealer from
Pasay City,
Benigno Medina, arrived at the checkpoint in a jeep containing spare parts for a jeep that
Concepcion was then assembling.
Medina met
Concepcion at the checkpoint and they went together in
Medina's jeep to
Concepcion's house at
Makisig Street, San Antonio,
Cavite City, to deliver the spare parts.
After unloading the spare parts, while
Concepcion and
Medina were having snack,
Concepcion's wife arrived from the market at about
11:00 a.m. She told
Concepcion that there was a robbery at
Sangley Point.
Immediately,
Concepcion went to the police headquarters taking
Medina's jeep.
He carried with him an
armalite and a .38
Cal. revolver.
Concepcion asked the Desk Officer Pfc.
Virgilio Salazar (now dead) about the
Sangley Point incident, and he was told by Salazar that he was a suspect with a shoot-to-kill order for him and that he better see the Police Chief Del Rosario.
Concepcion, went to Del Rosario's residence and was waiting for more than an hour, when Fiscal Dante
Filoteo arrived.
Concepcion told Fiscal
Filoteo that he was a suspect in the
Sangley Point case and that there was a shoot-to-
kiII order for him by the PC.
Filoteo told
Concepcion that he would contact the PC Commander about it.
Concepcion stayed until about
1:00 p.m. at the house of the Chief of Police, but he left when the Police Department called the Chief's house that he could not come home.
Concepcion then proceeded to Fiscal
Filoteos house.
At about 2:00 p.m., Mateo and Martinez arrived at the
Fiscal's house and told
Concepcion that they too were suspects in the
Sangley Point robbery; that they also went to the residence of Chief of Police, but did not see him; that they were told that
Concepcion went to the residence of Fiscal
Filoteo; and that they followed to seek the aid of the Fiscal to surrender. At past
midnight of
June 5, 1971, Fiscal
Filoteo arrived at his house, which was then surrounded by soldiers.
Concepcion recognized Fiscal
Filoteo and told him to come in.
Filoteo led the three -
Concepcion,
Martinez and Mateo - outside and surrendered them to Col. Lira, the Provincial Commander.
According to
Concepcion, a .38 caliber revolver was grabbed from his waist by a PC soldier.
No receipt was issued to him for the revolver because according to him, there was a commotion when the PC Soldiers disarmed Fiscal
Filoteo of his firearm.
At past
1:00 a.m.,
Concepcion,
Martinez and Mateo were brought to the CIS,
Camp Crame, where they were investigated and charged with illegal possession of firearms.
However, they were acquitted of the offense (Exhibit '3-
Concepcion')."
This appeal involves the determination of the question of whether or not the accused-appellant Enrique Concepcion conspired with his co-accused in the commission of the crimes charged. Counsel for the appellant contends that there is no iota of proof that the appellant actually participated in the commission of the offenses charged and/or in the furtherance of a conspiracy to rob the American Express Bank at the U.S. Naval Base in Sangley Point, Cavite.
The contention is devoid of merit. Conspiracy need not be proved by direct evidence. It need not be shown that the parties actually came together and agreed in express terms to enter into and pursue a common design. The assent of the minds may be and, from the secrecy of the crime, usually inferred from proof of facts and circumstances which, taken together, indicate that they are parts of some complete whole. If it is proved that two or more persons aimed, by their acts, at the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent, were in fact connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment, a conspiracy may be inferred though no actual meeting among them to concert ways and means is proved.
In the instant cases, the accused Emmanuel Caganap, Rolando Reyes, Gener Filoteo, Melanio Mendoza and Renato Mendoza stated in their extra-judicial confessions given to PC investigators soon after their arrest, that the appellant, Enrique Concepcion, was their companion in robbing the American Express Bank Branch in the U.S. Naval Base in Sangley Point on 4 June 1971. Rolando Reyes and Gener Filoteo also stated that the appellant was one of those who acted as "look-outs" outside the base and waited for them outside the hole they had previously made in the wire fence to facilitate their exit from the naval base. Melanio Mendoza and Gener Filoteo further stated that they saw the appellant inside the Bay Court Hotel talking to Ruben Martinez. These extra-judicial confessions were given when the presumption of law was in favor of spontaneity and voluntariness of a confession and it was incumbent upon the accused to destroy that presumption; and yet, no evidence had been presented to overcome that presumption except the retracting testimonies of Gener Filoteo, Melanio Mendoza, and Renato Mendoza to the effect that they did not give the implicatory statements. However, the accused Emmanuel Caganap and Rolando Reyes, who both pleaded guilty, did not recant their statements. Besides, the recitals therein reflect spontaneity and coherence and are replete with details that only the confessants could have known and supplied.
The appellant claims, however, that the said extra-judicial confessions of his co-accused should not be taken against him following the rule of res inter alios acta.
The cited rule is not absolute. In the case of People v. Ty Sui Wong, the Court said:
"Since People vs.
Badilla, the rule which has been reiterated by this Court in various cases is that extrajudicial confessions, independently made without collusion, which are identical with each other in their essential details and are corroborated by other evidence on record, are admissible as circumstantial evidence against the person implicated to show the probability of the latter's actual participation in the commission of the crime. "Inasmuch as there is no proof of collusion among the
declarants, their confessions should, therefore, be read together to form a complete picture of the commission of the crime and considered collectively as corroborative or confirmatory of the evidence apart from the confessions themselves."
There is no evidence of collusion and the extra-judicial confessions of appellant's co-accused are corroborated by Marilyn Tordecillas Orendain, wife of the Assistant Manager of the Bay Court Hotel, who declared that she saw the appellant, Enrique Concepcion, at a little past 6:00 o'clock in the morning of 4 June 1971 in the Bay Court Hotel together with the accused Roberto Martinez and five (5) armed men who rode in a jeep and escorted the Goody-Goody truck to the hotel premises and left the hotel together at about 9:00 oclock that morning.
Conspiracy can also be inferred from the fact that after the commission of the robbery in the U.S. naval base, the accused-appeIIant and his co-accused, Manuel Mateo, Jr. and Roberto Martinez, fled together to the house of Fiscal Dante Filoteo, where they "holed out" until they were persuaded to surrender to the authorities in the early morning of 5 June 1971.
Besides, the alibi of the appellant is not convincing. His claim that he was in his house at about the time the robbery was perpetrated in Sangley Point, Cavite, looking over the spare parts which were delivered to him by one Benigno Medina, appears to be an afterthought. No record of the alleged transaction was presented in court and the jeep he was supposed to assemble for one Danny Abarro could not be traced. He reasoned that Abarro, who is now living abroad, had allegedly sold the jeep to one Penny Lalana who is now deceased.
The appellant's claim that he went to the house of the chief of police to seek protection after having been told by the desk sergeant that there was a shoot-to-kill order out for him and that he then transferred to the house of Fiscal Dante Filoteo in order to get the fiscal's help in surrendering to the police authorities, is incredible. To begin with, the desk sergeant, one Salazar, who is now conveniently deceased, could not have told the appellant at 11:00 o'clock in the morning of 4 June 1971 of an alleged shoot-to-kill order as a result of the robbery in Sangley Point, because his co-accused Emmanuel Caganap, who implicated the appellant in the bank robbery, was investigated only at about 1:35 o'clock in the afternoon of 4 June 1971.
And, if his purpose in going to the house of Fiscal Dante Filoteo was to seek the latter's help in order to surrender, why did he not surrender to Fiscal Filoteo earlier when they met at the house of the chief of police? Again, there was no point in going to Fiscal Filoteo in order to surrender when he was already at the police station and all he had to do was to give up to the desk sergeant. It is unfortunate that the said desk sergeant is already dead and cannot answer the appellant's charge that he was remiss in the performance of his duty to arrest the appeIIant, pursuant to the shoot-to-kill order.
Moreover, the Court has held in a great number of cases that for alibi to prosper, it is not enough to prove that the accused was somewhere else when the crime was committed, but it must be also shown that it was physically impossible for him to have been at the scene of the crime at the time of its commission.
The appellant was in Cavite City when the robbery was committed and his then proximity to the scene of the crime does not rule out the possibility that he could be at the scene of the crime at the time it was committed. In fact, the trial court found that the flimsiness of the defense of alibi is exposed by the nearness of the accused to the scene of the crime.
The trial court found the appellant guilty of the crime of Robbery in Band with Homicide. This is not correct. In the case of People vs. Pedroso, the Court said:
"x
x x There is no special complex crime of robbery in band with double homicide and/or serious, less serious or slight physical injuries under the present Code, as amended by Republic Act No. 373.
If robbery with homicide (or with the other crimes enumerated above) is committed by a band, the indictable offence would still be denominated as robbery with homicide under Article 294(1), but the circumstance that it was committed by a band is not an element of the crime but is merely a generic aggravating circumstance which may be offset by mitigating circumstances.
The homicides or murders and physical injuries, irrespective of their numbers, committed on the occasion or by reason of the robbery are merged in the composite crime of robbery with homicide. x
x x" (Emphasis Supplied)
Accordingly, the appellant should be found guilty of the crime of "Robbery with Homicide." The penalty of reclusion perpetua imposed by the trial court is correct. But, the amount to be paid to the heirs of the slain marine officer should be increased to P30,000.00 in line with the recent decisions of the Court.
We also find that the penalty imposed upon the appellant, Enrique Concepcion, in Crim. Cases Nos. CCC-VII-844, CCC-VII-845, and CCC-VII-846-Cavite City, is not in accord with law. The penalty provided for the offense under Article 294, No. 5, of the Revised Penal Code, as amended, is prision correccional in its maximum period to prision mayor in its medium period, or from four (4) years, two (2) months and one (1) day to ten (10) years. Applying the Indeterminate Sentence Law, the minimum period to be imposed should be within the range of the penalty next lower in degree, which is arresto mayor in its maximum period to prision correccional in its medium period, or from four (4) months and one (1) day to four (4) years and two (2) months. The minimum of the period imposed by the trial court, which is four (4) years, two (2) months and one (1) day, is obviously beyond the period provided for by law. It should be reduced accordingly.
With respect to the maximum period, there being two (2) aggravating circumstances and no mitigating circumstance, the maximum of the period, which is ten (10) years, should be imposed. The correct penalty to be imposed upon the appellant, Enrique Concepcion, in each of the three (3) aforementioned cases (CCC-VII-844, CCC-VII-845, CCC-VII-846-Cavite City) should, therefore, be imprisonment of from four (4) years and two (2) months, as minimum, to ten (10) years, as maximum.
WHEREFORE, with the modifications above-indicated, the judgment appealed from is hereby AFFIRMED. With costs.
SO ORDERED.
Paras, Sarmiento, and Regalado, JJ., concur. Melencio-Herrera, J., (Chairman), on leave.