People Of The Philippines v. Morandarte

PARDO, J.:

The case is an appeal of accused Maximo Velarde y de los Reyes, Nelson Garcia y Temporas and Tito Zuela y Morandarte from the decision1 of the Regional Trial Court, Camarines Sur, Libmanan, Branch 24, finding them guilty beyond reasonable doubt of robbery with homicide and sentencing each of them to reclusion perpetua , and to pay jointly and severally the amount of one hundred thousand (P100,000.00) pesos to the heirs of Maria Abendaño and John Abendaño, and fifty thousand (P50,000.00) pesos to the heirs of Hegino Hernandez, without subsidiary imprisonment in case of insolvency, and to pay the costs.2 On July 29, 1985, Assistant Provincial Fiscal Julian C. Ocampo III filed with the Regional Trial Court, Libmanan, Camarines Sur an information charging accused Maximo Velarde y de los Reyes, Nelson Garcia y Temporas and Tito Zuela y Morandarte with "robbery with triple homicide" committed as follows: That in the evening of April 27, 1985 in Camagong, Cabusao, Camarines Sur, Philippines, the above-named accused, conspiring and confederating together and mutually aiding each other, with intent to gain, did then and there, willfully, unlawfully and feloniously, with violence and intimidation gainst [sic] persons, that is by shooting and stabbing one Hegino Hernandez, Sr., Maria S. Abendaño and John-John Abendaño, thereby inflicting upon them mortal injuries that caused their instantaneous death, take, rob and carry away the following personal properties belonging to the said Maria Abendaño, to wit: (1) Cash money P 21,000.00 (2) one gold ring P 750.00 (3) one Seiko wrist watch P 1,250.00