People Of The Philippines v. Bognot

PURISIMA, J.:

This is an appeal1 from the Decision2 dated February 1, 1987, of the Regional Trial Court of Valenzuela, Metro Manila, Branch 172, convicting appellant Elizalde Culala y Bognot of the crime of Robbery with Homicide in Criminal Case No. 4916-V-82; and sentencing him to suffer the penalty of death,3 as follows: WHEREFORE, in view of the foregoing the accused Elizalde Culala is found guilty beyond reasonable doubt of the crime of Robbery with Homicide punishable under art. 249 par. 1, and considering the generic aggravating circumstance of treachery hereby sentences him to suffer the penalty of death; and to pay by way of indemnification the heirs of the victim the sum of P30,000.00, to indemnify the victims the sum of P500.00 for the uncovered Ohm Meter and P100.00 cash taken from the victim and to pay the costs of the suit.

SO ORDERED.4 Filed, on May 10, 1982 by Provincial Fiscal Pascual C. Kliatchko, the Information indicting the accused-appellant, alleges: That on or about the 14th day of March, 1982, in the municipality of Valenzuela, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the said accused Elizalde Culala y Bognot, did then and there willfully, unlawfully and feloniously, with intent to gain, by means of violence, force and intimidation, take rob and carry away with him the following, to wit: Cash money amounting to P100.00 Ohm meter tester amounting to 400.00 Tools and spare parts amounting to 500.00 One (1) bag amounting to 20.00