People Of The Philippines v. Suza

GONZAGA-REYES, J.:

This is an appeal from the decision dated April 10, 1992 1 of the Regional Trial Court, Branch 38, Iloilo City, the dispositive portion of which reads: 2 WHEREFORE, and in view of the foregoing, judgment is rendered finding accused Danilo Suza guilty beyond reasonable doubt of the crime of Robbery with Homicide punishable under Article 294 of the Revised Penal Code, as principal, without mitigating or aggravating circumstance, and sentence the accused to suffer the penalty of Reclusion Perpetua ; to pay the heirs of Teresita Dañucop the sum of P11,900.00 for personal properties accused took from the deceased; to pay the heirs of Teresita Dañucop the sum of P50,000.00 as damages for the death of Teresita Dañucop and to pay the cost of suit. Let the records of this case be archived until the two (2) other accuseds who are at large are arrested. SO ORDERED.

In an information dated May 29, 1991, accused-appellant Danilo Suza, alias Danny, together with his two brothers, Remegio Suza, alias Ebang, and Florencio Suza, alias Joel, were charged with the crime of Robbery with Homicide as follows: 3 That on or about March 19, 1991, in the Municipality of Dueñas, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and mutually helping one another to better realize their purpose and by means of violence and/or intimidation of persons and with insult or in disregard of the respect due to the offended party on account of her sex and taking advantage of superior strength, did then and there wilfully, unlawfully and feloniously take, steal and carry away with intent to gain from Teresita Dañucop the following to wit: a. Cash amount P3,000.00 b. 3 pcs.

Gold Necklace valued at 900.00 c. 4 pairs of Earrings valued at P2,000.00 d. 6 pcs.

Seiko Brand Wrist Watch valued at P6,000.00