People Of The Philippines v. Mongado

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-24877 June 30, 1969 PEOPLE OF THE PHILIPPINES, plaintiff, vs. GAUDENCIO MONGADO, JILLY SEGADOR, and BELESANDE SALAR, accused. Office of the Solicitor General Antonio P. Barredo, Assistant Solicitor General Antonio A. Torres and Solicitor Eduardo C. Abaya for plaintiff. Pacifica B. Tacub for accused.

PER CURIAM:, F Up for automatic review, in this case of robbery with double homicide and rape, is the trial court's decision imposing the capital penalty upon the accused Gaudencio Mongado, Jilly Segador and Belesande Salar, on a plea of guilty 1 entered into by each of them with the assistance of counsel de officio to the second amended information of June 16, 1965, which reads: SECOND AMENDED INFORMATION The undersigned Assistant Provincial Fiscal hereby accuses GAUDENCIO MONGADO, JILLY SEGADOR, BELESANDE SALAR, ANASTACIO CADENAS and ANDRES CAGADAS of the crime of ROBBERY WITH DOUBLE HOMICIDE AND RAPE, committed as follows: That on or about the 17th day of March, 1965, in the municipality of Mainit, province of Surigao del Norte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, Gaudencio Mongado, Jilly Segador, Belesande Salar, Anastacio Cadenas and Andres Cagadas with evident premeditation, conspiring, confederating together and mutually helping one another, and armed with an unlicensed .22 cal.

revolver, a small sharp-pointed bolo, a toy revoler marked `Kit gun' and a wooden club, with intent to gain, after having gained entrance to the residence of Silvino Lincuna and Emilia Dalit, husband and wife respectively, by abusing the goodwill of the said spouses, the latter being the uncle and aunt respectively of the accused Gaudencio Mongado, did then and there willfully, unlawfully and feloniously by means of force upon things thru violence as alleged in the third paragraph of this information that is by breaking the aparadors and a trunk where valuables and personal effects were then kept, take, steal and carry away the following articles, to wit: 1. One (1) shotgun, 12 gauge ......................... P250.00 more or less 2.

One (1) radio Kharman .............................. 250.00 " "

". 3. One (1) radiophono ...................................

450.00 " " ".

4. One (1) ring ............................................... 75.00 "

" ". 5.

One (1) ring ............................................... 40.00 " "

". 6. One (1) necklace (chinese gold) .............

180.00 " " ".

7. One (1) necklace (chinese gold) ................. 75.00 "

" ". 8.

One (1) microphone .................................. 90.00 " "

". Cash money ............................................... 300.00