People Of The Philippines v. Espera

ABAD SANTOS, J.:

This is an appeal on the decision in Criminal Case No. B-220 of the defunct Court of First Instance of Leyte which imposed the death penalty on MELCHOR PRADO and an indeterminate prison term on DOMINGO BORNEO. An information for robbery in band with homicide and multiple physical injuries was filed against POLICRONIO ESCALANTE y ESPERA, alias Bakyot, LOPE DAIGAN y CUYSANG, alias Lope, DOMINGO BORNEO y URDANETA, alias Doming, MELCHOR PRADO y SIMINO, CONSTANCIO GONZAGA, alias Bata, JUNIOR PAREDES, ROGELIO BACUS, alias Roger, alias Ely, BOY MONTEMAYOR ,alias Boy, alias Molo, BOY CABEJE, alias Boy, alias Simo, PEDRITO TAN, Jr. alias Pedring, alias Rudy, alias Carling, alias Carlito, JOHN DOES and PETER DOES in the above-mentioned case. The information alleges: "That on or about the 21st day of February, 1972, in the municipality of Baybay, province of Leyte, Philippines.

and within the jurisdiction of this Honorable Court, the above- named accused, namely: Policronio Escalante y Espera, Lope Daigan y Cuysang, Domingo Borneo y Urdaneta, and Melchor Prado y Simino, (accused Constancio Gonzaga, Junior Paredes, Rogelio Bacus, alias Ely, Boy Montemayor, alias Molo, Boy Cabeje, alias Simo, Pedrito Tan, Jr., alias Rudy, John Does and Peter Does, are still at large) conspiring and confederating together and mutually helping with each other, and armed themselves with pistols, revolvers, carbines, shotguns, and grease guns which they themselves provided for the purpose, and without due respect to the authorities, taking advantage of night time, with intent of gain and by means of violence, force and intimidation against persons and things, did then and there wilfuly, unlawfully and feloniously enter the stores and dwelling houses of the offended parties hereunder enumerated as well as the municipal building of Baybay, Leyte, and once inside rob the owners thereof, take, steal and carry away the following properties and things found therein, to wit: 1.

Of Jose Berly: a. Cash amounting to ₱1,500.00 b. Treasury Warrants 300.00 c.

Rolex Wrist Watch 800.00