People Of The Philippines v. Mateo

PADILLA, J.:

For having allegedly robbed the American Express Bank Branch located inside the United States Naval Base in Sangley Point, Cavite City and killed a U.S. marine officer on the occasion thereof, Manuel Mateo, Jr., Esmeraldo Cruz, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion, members of the Cavite City police department, and Emmanuel Caganap, Gener Filoteo, Manuel Mendoza, Rolando Reyes, Danny Tosco, Renato Mendoza, Melanio Mendoza, and seven (7) persons whose Identities have remained unknown, were charged before the Circuit Criminal Court of Pasig, Rizal, with the crime of Robbery in Band with Homicide, and three (3) separate crimes of Robbery in Band, docketed therein as CCC-VII-843-Cavite City to CCC-VII-846-Cavite City, inclusive, committed as follows: 1.CCC-VII-843-Cavite City: "That on or about the 4th day of June, 1971, in Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, and with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence, and intimidation did, then and there wilfully, unlawfully and feloniously rob, take and carry away from the American Express Bank Branch, a private firm duly represented by Antonio Laforteza, resident special agent, of the amount of $41,120.79 and P96,532.38, to the damage and prejudice of the latter in the aforesaid amount of $41,120.79 and P96,532.38; that as a consequence of an encounter during said Robbery in Band, the person of First Lt.

James Plumpowski, USMC, who at that time responded to the alarm flashed by the bank personnel, sustained serious wounds on the vital parts of his body which caused his death. "The aggravating circumstances attendant thereto are the following: "1. Use of Motor Vehicle; 2.

Taking advantage of superior strength; 3. Committed in band, all being armed; 4. Committed with the aid of persons who insure or afford impunity; 5.

Committed with evident premeditation; and 6. That craft, fraud, or disguise was employed."1 1. CCC-VII-844-Cavite City: "That on or about the 4th day of June 1971, in Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously rob, take and carry I away from Antonio Araquel, the following articles, to wit: "Man's wrist watch "Wiseman"

valued at P50.00 Shoes valued at 21.00 Cash money in the amount of 15.00 Gate pass (unestimated amount) P86.00