People Of The Philippines v. Tiboy

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-16595 February 28, 1962 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PRIMITIVO PINCA @ TIBOY, ET AL., defendants, PRIMITIVO PINCA @ TIBOY and PASCUALITO ADORA @ LITOY, defendants-appellants. Office of the Solicitor General for plaintiff-appellee. Benjamin M. de Leon for defendants-appellants.

PER CURIAM: Primitivo Pinca alias Tiboy, Venerando Pinca alias Bandoy, Armando Cerbito alias Narciso, Nery, Pascualito Adora alias Litoy and Valentin Crisologo alias Peter, were charged with Robbery in Band with Multiple Homicide and Serious Physical Injuries. They voluntarily pleaded guilty to the following Amended Information: - The undersigned Assistant Provincial Fiscal of Samar, accusses Primitivo Pinca alias Tiboy, Pascualito Adora alias Litoy, Venerando Pinca alias Bandoy, Armando Cerbito alias Narciso, Nery and Valentin Crisologo alias Peter of the crime of Robbery in Band with Multiple Homicide and Serious Physical Injuries committed as follows: . That on or about October 18, 1958, at about 1:00 o'clock in the morning, in Sitio Cadahonan, municipality of Gamay, province of Samar, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, fully armed with deadly weapons, conspiring, confederating and mutually helping one another, with intent of gain and benefit, and by means of violence and intimidation upon persons and force upon things, with treachery and premeditation, did then and there wilfully, unlawfully, and feloniously, forcibly entered the house of one Ambrosio Montallana by passing through a hole in the kitchen of the said house, an opening not intended for entrance or egress; and while thus inside the house, the above accused simultaneously attacked, assaulted, shot and wounded the occupants in the house who were then in their sound sleep, namely: Ambrosio Montallana, Donato Arceno, Gregorio Ortiz and Teodoro Montallana, with the use of carbines, pistol cal.

.45, Japanese rifle and bolos which the said accused had then provided themselves for the purpose, thereby inflicting upon the person of said Ambrosio Montallana, Donato Arceno, Gregorio Ortiz and Teodoro Montallana multiple grave wounds on the different parts of their bodies, which injuries caused the intantaneous death of the first three (3) persons, and seriously inflicting upon said Teodoro Montallana, a 10 year old child, a grave wound on his left external ear involving the mastoid process and internal squint of both eyes and loss of hearing of his left ear, and further tied to one of the posts in the house the person of Virginia Tan de Montallana, wife of the deceased Ambrosio Montallana, and threatened her with death should she will not devulge the hiding place of their money, and then and there, the aforesaid accused, who, with intent of gain, wilfully, unlawfully and feloniously, took, stole and carried away with them the following, to wit: .

CASH in the total amount of P5,000.00 One (1) ring 14 kt. w/birthstone valued at 35.00 One (1) ring ordinary valued at 6.00 One (1) necklace 12 kt. valued at 17.00 One (1) necklace, chinese gold, valued at 28.00 One (1) necklace, american gold, valued at 60.00 One (1) wrist-watch (Elgin) valued at 120.00 One (1) flashlight (Eveready) valued at 5.00 One (1) flashlight (Hongkong) valued at 1.50 One (1) hatchet valued at 3.50 One (1) shelter half (tent) valued at 15.00 One (1) iron-pot valued at 2.00 Two (2) gantas rice valued at 2.00