People Of The Philippines v. Espera

REGALADO, J.:

This is an automatic review of the decision of the then Court of First Instance of Samar1in Criminal Case No. C-414 (C-1438), the decretal portion whereof reads: Viewed from all the foregoing, the Court therefore, declares both accused Juan Espera and Francisco Tolitol GUILTY of the crime of ROBBERY with HOMICIDE and SENTENCES Juan Espera to suffer the extreme penalty of DEATH, the crime having been attended by the aggravating circumstance (sic) of treachery and recidivism and evident premeditation as generic aggravating circumstance (sic); without any mitigating circumstances to offset the aggravating circumstances, and both accused to indemnify (sic) P 6,000.00 each to the heirs of Virgilio Camacho, without subsidiary imprisonment in case of insolvency. They are credited in full (sic) their preventive imprisonment, with costs against the accused and to pay the value of the Seiko Watch in the amount of P 550.00 and P 234.00 cash robbed share and share alike.2 Both accused and three others, namely, Tito Espera, Pepe Espera, alias Epe, and Danilo de Guia, alias Danny, were charged with the crime of robbery with homicide in an information of the following textual content: That on or about the 22nd day of December 1981, at around 9:30 o'clock in the evening in Brgy.

San Agustin, municipality of Mondragon, province of Northern Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together, helping one another, together with Atilo Ubaldo who is still at large, armed with deadly weapons, with intent to gain and benefit and by means of force, violence against and intimidation of persons, did then and there wilfully, unlawfully and feloniously enter the house of one Virgilio Camacho and his family by destroying the window of the dining room through which they gained entrance, and once inside said accused, did then and there wilfully and feloniously take, steal and carry away therefrom the following, to wit: Two Hundred Thirty Four Pesos in Cash...................... P 234.00 One (1) Lady Seiko Wristwatch ...................................... P 550.00