People Of The Philippines v. Obtinalia

EN BANC G.R. No. L-30190 April 30, 1971 THE PEOPLE OF THE PHILIPPINES, plaintiff, vs. MARIANO OBTINALIA, TEOLY UBALDE alias "JORGE", and JIMCE UBALDE, accused. Office of the Solicitor General Felix Q. Antonio Assistant Solicitor-General Antonio G. Ibarra and Solicitor Adolfo J. Diaz for plaintiff-appellee. Samuel Rivera for accused Mariano Obtinalia.

Ireneo Orlino for accused Teoly Ubalde and Jimce Ubalde. PER CURIAM: Automatic review of the decision of the Court of First Instance of Pangasinan (in its Criminal Case No. 23133) imposing upon therein accused Mariano Obtinalia, Teoly Ubalde alias "Jorge", and Jimce Ubalde the supreme penalty of death. In the information filed in the Court of First Instance 'of Pangasinan, Mariano Obtinalia, Teoly Ubalde alias "Jorge", and Jimce Ubalde, together with three other persons referred therein as "Gaudia", "Freddie"

and "John Doe" who remained at large, were accused of the crime of robbery in band with rape, allegedly committed as follows: That on or about the 5th day of June, 1968, in the municipality of Agno, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, who were also charged of the same offense before the Municipal Court of Agno, this province, but that their identities are still unknown, conspiring together and mutually helping one another, armed with guns and bolos, taking advantage of the nighttime and of their superior strength, entered the house of the spouses Clemente Fontanilla and Rufina Pitalbero, and once inside, with violence against and intimidation of persons, with intent of gain and against the will of the owners thereof, and in band, did, then and there, wilfully, unlawfully and feloniously take, rob and carry away therefrom, the following: Cash money in the amount of P180.00 Two (2) pants, maong and green Borlington with trademark "Neypes", five (5) chicken, three layers and two roosters valued at 50.00 Total