People Of The Philippines v. Ombao

FERNANDEZ, J.:

This is an automatic review of the decision dated January 27, 1969 of the Court of First Instance of Davao entitled,"The People of the Philippines versus Jesus Ombao alias Jesus and Agustin Dignos alias Osting" finding the accused Jesus Ombao guilty of the crime of robbery with homicide and sentencing him to death, to indemnity the victims of the robbery the sum of P27,000 and to further indemnify the heirs of Felicitas Zozobrado the sum of P10,000 with no subsidiary imprisonment in case of insolvency by reason of the penalty imposed.1 The other accused Agustin Dignos pleaded guilty to the crime charged on November 13, 1968 was sentenced to suffer the penalty of reclusion perpetua, to indemnify the victims of the robbery in the sum of P27,000 and to further indemnify the Heirs of Felicitas Zozobrado.2 The accused Dignos chose not to appeal his case. Hence, this review refers only to Jesus Ombao.

Jesus Ombao and Agustin Dignos were charged in February 1968 with the crime of robbery with homicide in the following: Information The undersigned accuses Jesus Ombao alias Jesus and Agustin Dignos alias Osting of the. crime of robbery in Band 294, in relation to Art. 293 and Art, 249 of the Revised Penal Code, committed as follows: That on or about June 10, 1967, in the Municipality of Padada, Province of Davao del Sur, Philippines, and within the jurisdiction of this Court. the above-named accused, conspiring and confederating together with Willy Doe Alberto Doe, Kidong doe, Dodong Doe, Romy Doe, Luis Doe, Raynaldo doe, Andres Doe, Agusto Doe, Seno Doe, Tony Doe, Linda Doe, Edgar Doe, Inting Doe, Linda Doe, Nene Doe, George Doe, Mike Doe, John Doe Peter Doe and, Jack Doe, who are still at large, and helping one another, armed with different kinds of guns, through force, violence and intimidation, and in band, with intent to gain, did then and there wilfully, unlawfully and feloniously take, steal and carry away the following articles, belonging to the following persons, to wit: NAME ARTICLES AMOUNT Eng Chu Ka Cash P2,000.00 Eduardo Locsin Cash 5,000.00 Ludy Cham Cash 5,000.00 Check 1,000.00 Venancia Labrador Cash 4,700.00 Jewelries 300.00 Luy Guiam Cash 700.00 Sending Atencio Cash 500.00 Jewelries 800.00 Tama Yang Cash Felicitas D. Zozobrado and Ilamona Zozobrado Jewelries P4,000.00 TOTAL