People Of The Philippines v. Mercado

EN BANC G.R. No. L-39511 April 28, 1980 THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs. JOVITO MERCADO, ET AL., defendants-appellants. G.R. No. L-39512 April 28, 1980 THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs. JESUS MERCADO, defendant-appellant. G.R. No. L-39513 April 28, 1980 THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs. TEOFILO QUIMZON, defendant-appellant.

PER CURIAM: This case is before Us for the review of the decision of the Court of First Instance of Leyte, Branch 11, in Criminal Cases Nos. 751, 1039 and 1229, dated December 10, 1973. At about 7:30 in the evening of February 17, 1972, a robbery took place in the house of Antonio Moron, situated in Sitio Salvacion, Barrio Mag-aso, La Paz, Leyte, during which Antonio Moron suffered gunshot wounds. He was brought to the Leyte Provincial Hospital where he was confined and operated the following day but died seven days later, on February 25, 1972.

The medical certificate issued on August 21, 1972, by Dr. Alden C. Tabao of the Leyte Provincial Hospital, which was admitted as Exhibit A stated that Antonio Moron had been treated/confined in the hospital for the following injuries: Wounds gunshot: (1) POE - 1/3 in diameter 2-½ inches below right nipple along mammary line. No powder burns. (2) POE-1/3 in diameter along anterior auxillary line, 3 inches below wound No. 1; no powder bums.

Wound, POX - right lower back level of 2nd lumbar vertebrae 4 inches from midvertebral line 3/4 inch 1/4 inch. Lacerated wound, right frontal 1/2 inch long, scalp deep. Operative findings: - wounds gunshot, penetrating abdominal cavity, perforating small intestines thru and thru No. 8, ascending colon, thru and thru No. 1, mesentery No. 2, hemorrage, severe, secondary, peritonities generalized.

Patient was admitted and operated February 18, 1972. DIED February 25, 1972. On July 24, 1972, Jovito Mercado alias Bitoy, Gregorio Silvio ahas Gory and Estanislao Dedase alias Estan were accused of robbery in band with homicide in Criminal Case No. 751; on February 5, 1973, Jesus Mercado alias Dadoy was accused of the same crime in Criminal Case No. 1039; and on August 3, 1973, Teofilo Quimzon alias Baby was similarly accused in Criminal Case No. 1229.

The texts of the informations in all three cases are substantially the same and we quote that in Criminal Case No. 1229 as follows: That on or about the 17th day of February, 1972 in the Municipality of La Paz, Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together with JOVITO MERCADO alias "BITOY", GREGORIO SILVIO alias "GORY", and ESTANISLAO DEDASE alias "ESTAN" who have already been charged under Criminal Case No. 751 with the Court of First Instance of Leyte, which is presently pending therein, and one JESUS MERCADO alias "DADOY" who has already been likewise charged under Criminal Case No. 1039 in connection with this case with the Court of First Instance of Leyte, and one EDOC MERCADO alias "EDOC"

and ROMING MERCADO alias "ROMING" who are still at large and whose whereabouts are unknown and four (4) other John Does whose definite Identities and whereabouts likewise unknown, and mutually helping one another, with deliberate intent and with intent of gain, did, then and there wilfully, unlawfully and feloniously enter the house of one ANTONIO MORON and thereafter, by means of threats, violence and intimidation and with the use of firearms which said accused had purposely provided themselves with took, stole and carried away cash money in the sum of P700.00, Philippine Currency, and other personal properties, to wit: One (1) pair of trousers ......................................................... P 30.00 One (1) men's wrist watch .......................................................

150.00 One (1) ladies' wrist watch.......................................................

100.00 One (1) mosquito net................................................................. 35.00 Carpenter's tools..................................................................... 200.00 Women's garments.....................................................................

20.00 Five (5) gantas rice.................................................................... 15.00 Two (2) chickens........................................................................ 18.00 One (1) flashlight with four batteries......................................

18.00