People Of The Philippines v. Villa

EN BANC G.R. No. L-31401 October 30, 1979 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEPITO VILLA, ANASTACIO SALCEDO, NORBERTO SALCEDO and ERNESTO SALCEDO, defendants-appellants. Teodoro Padilla Law Office for appellants. Solicitor General Antonio for appellee.

PER CURIAM: In the early evening of June 28, 1968, Juan Acosta was killed at his residence in Barrio Buyon, Municipality of Bacarra, Ilocos Norte.1 Swift action by elements of the 121st P.C. Company at Camp Juan, Laoag City, aided by civilians, led to the apprehension of accused Anastacio Salcedo Pepito Villa, Norberto Salcedo and Ernesto Salcedo two hours after midnight of the same day, while the four were in a Manila bound bus which the P.C. soldiers flagged down in front of their detachment in Badoc, southernmost town of Ilocos Norte, along the highway to Manila. Southward along the same highway, is Sinait Ilocos Sur, hometown of the four accused. Barrio Buyon of Bacarra, where the crime occurred, is about five kilometers north of Laoag City.

From Laoag City to Badoc, southward, is about forty kilometers distance. Sinait Ilocos Sur, is nine kilometers from Badoc.2 Immediately after investigation, the P.C. Command in Ilocos Norte initiated in the Municipal Court of Bacarra, three cases, to wit: Criminal Case No. 939, for robbery in band with homicide; Criminal Case No. 941, for usurpation of official function; and Criminal Case No. 942, for illegal possession of firearms and ammunition. Dominga Domingcil Acosta widow of the victim Juan Acosta, also initiated in the same Court Criminal Case No. 940, for rape.3 Criminal Case No. 942, for illegal possession of firearms and ammunition was terminated when the accused Norberto Salcedo pleaded guilty and was sentenced by the Municipal Court of Bacarra.4 Criminal Cases 939, robbery in band with homicide; 941, usurpation of official function; and 940, for rape, were forwarded to the trial court.5 The rape case (Criminal Case No. 940) was dismissed and consolidated with the criminal case for robbery in band with homicide (Criminal Case No. 5199-111, for Robbery with Homicide and Rape).

A separate information for usurpation of official function was filed by the Provincial Fiscal (Criminal Case No. 5202-111). The information filed in Criminal Case No. 5199-111 (Robbery in Band with Homicide and Rape) reads: That on or about the 28th day of June, 1968, at about 7:00 o'clock p.m., in baio Buyon, municipality of Bacarra, province of Ilocos Norte, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, armed with guns and sharp pointed bolos, conspiring and confederating together and mutually helping one another, did then and there wilfully, unlawfully and feloniously, with intent of gain and by means of violence against and intimidation of persons, take and carry away personal properties belonging to the spouses Juan Acosta and Dominga Domingcil to wit: Articles Value One (1) lady's watch P150.00 Five (5) necklaces for women 100.00 Two (2) finger rings for women 80.00 Two (2) finger rings for minors 7.00 Two (2) pairs of earrings 5.00 One (1) engagement ring 5.00 One (1) 8-Transistor Radio 68.00 Four (4) batteries 1.00 Spare parts for sewing machine 250.00 One (1) locket for men 35.00 Two (2) pants for men 45.00 Two (2) Polo barong 30.00 One (1) Saya for women 15.00 One (1) pant, khaki 6.00 One (1) Rural Bank book 10.00 Cash money 720.00 Three (3) blankets 75.00 One (1) pomade .25 One (1) plier 5.00 One (1) face towel .80 Three (3) wallet for children 1.50 One (1) Lighter 5.00