People Of The Philippines v. Lupango

CONCEPCION JR., J.:

About midnight of January 26, 1970, fire destroyed the house of Teresa Vda. de Iglesia located at Antonio Regidor Street, Lucban, Quezon, together with its owner, the old widow. An investigation by the authorities resulted in the filing of a criminal complaint,1 against accused Alexio Lupango, for the crime of robbery with homicide.2 At the second stage of the preliminary investigation in the Municipal Court, accused Alexio Lupango y Ibona admitted his guilt and culpability for the crime charged against him.3 The Municipal Judge Ruperto Abcede of Lucban, Quezon forwarded the Criminal Case No. 757 to the Circuit Criminal Court of Quezon, upon finding of a prima facie case against accused Lupango.4 The corresponding information against the accused was filed with the Circuit Criminal Court of Quezon, Lucena City, to wit: The undersigned, Provincial Fiscal accuses Alexio Lupango, alias "Alex"

of the crimes of robbery with homicide, defined and punished under Article 294, paragraph 1 of the Revised Penal Code, as amended by Republic Act 18, committed as follows: "That on or about the 26th day of January, 1970, at 12:00 o'clock midnight, more or less, in the Poblacion of the Municipality of Lucban, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, Alexio Lupango, alias "Alex", with intent to gain and to rob, and taking advantage of the night to better accomplish his purpose, did then and there wilfully, unlawfully, and feloniously enter the house of one Teresa Vda. de Iglesia, through an opening not intended for entrance or egress, and once inside, by means of violence against and intimidation upon persons and force upon things, took, stole and carried away the following personal properties belonging to said Teresa Vda.

de Iglesia, to wit: (a) Cash money.............................................. P10,000.00 (b) Jewelries.................................................... 5,000.00 (c) One (1) gold "lanseforang"

ring with diamond stone.............................. 2,000.00 (d) One (1) gold round ring with diamond stone...................................... 1,000.00 (e) One (1) pair earring with diamond.................

500.00 (f) One (1) pocket watch..................................... 200.00 (g) One (1) lady wrist watch................................ 100.00 (h) One I 1) table clock........................................

16.00 (i) One (1) blanket............................................... 60.00 (j) One (1) hammer............................................. 5.50