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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-1950 Jurisprudence                 

  • G.R. No. L-2265 April 1, 1950 - PEOPLE OF THE PHIL. v. DOMINGO RAFALLO, ET AL

    086 Phil 22

  • G.R. No. L-2618 April 1, 1950 - EL PUEBLO DE FILIPINAS vs.FLORENTINO PEREMNE

    086 Phil 31

  • G.R. No. L-3024 April 1, 1950 - PEOPLE OF THE PHIL. v. LAZARO ALBAR

    086 Phil 36

  • G.R. No. L-1698 April 8, 1950 - MARIANO GRANADOS v. CELEDONIO MONTON

    086 Phil 42

  • G.R. No. L-1867 April 8, 1950 - CARMEN DE LA PAZ VDA. DE ONGSIAKO v. TEODORICO GAMBOA,ET AL

    086 Phil 50

  • G.R. No. L-820 April 11, 1950 - PEOPLE OF THE PHIL. v. AURELIO ALVERO

    086 Phil 58

  • G.R. No. 1753 April 12, 1950 - EL PUEBLO DE FILIPINAS v. FAUSTINO A. ESTEFA

    086 Phil 104

  • G.R. No. L-2489 April 12, 1950 - PEOPLE OF THE PHIL. v. CONRADO EVANGELISTA ET AL.

    086 Phil 112

  • G.R. No. L-1717 April 17, 1950 - JUANA MANLINCON v. MAGNO DE VERA, ET AL

    086 Phil 115

  • G.R. No. L-2438 April 17, 1950 - PEOPLE OF THE PHIL. v. FAUSTO LACAYA

    086 Phil 118

  • G.R. No. L-2266 April 17, 1950 - PEOPLE OF THE PHIL. v. SALVADOR BAYTAN and JESUS BAYTAN

    086 Phil 126

  • G.R. No. L-2255 April 18, 1950 - PEOPLE OF THE PHIL. v. HIGINO SIGUE

    086 Phil 132

  • G.R. No. L-2858 April 19, 1950 - EL PUEBLO DE FILIPINAS v. FELIPE VISTA

    086 Phil 140

  • G.R. No. L-1807 April 20, 1950 - PEOPLE OF THE PHIL. v. DY TOO, ET AL

    086 Phil 146

  • G.R. No. L-2205 April 20, 1950 - PEOPLE OF THE PHIL. v. ANASTACIO REYES

    086 Phil 153

  • G.R. No. L-2433 April 20, 1950 - PEOPLE OF THE PHIL. v. GENARO GUCOR ET AL.

    086 Phil 157

  • G.R. No. L-2254 April 20, 1950 - THE PEOPLE OF THE PHILIPPINES v. VICENTE O. DEL ROSARIO and NATALIO B. BACALSO

    086 Phil 163

  • G.R. No. L-333 April 21, 1950 - JOSE G. CUAYCONG ET AL. v. RAMON S. RIUS

    086 Phil 170

  • G.R. No. L-2325 Abril, 21, 1950 - EL PUEBLO DE FILIPINAS v. MARCOS DUCO, ET AL

    086 Phil 176

  • G.R. No. L-2879 April 21, 1950 - MIGUEL SOCCO REYES v. POTENCIANO PECSON, ET AL

    086 Phil 181

  • G.R. No. L-2390 April 24, 1950 - PEOPLE OF THE PHIL. v. PEDRO BALDERA, ET AL

    086 Phil 189

  • G.R. No. L-2523 April 24, 1950 - FELIPE C. ALVIAR ET AL. v. REV. LEO A. CULLUM

    086 Phil 193

  • G.R. No. L-2833 April 24, 1950 - JUAN URIARTE Y HERMANOS v. JOSE TEODORO, ET AL

    086 Phil 196

  • G.R. No. L-2232 April 25, 1950 - PEOPLE OF THE PHIL. v. AGATON MARTIN

    086 Phil 204

  • G.R. No. L-2233 April 25, 1950 - PEOPLE OF THE PHIL. v. TIMOTEO TAMAYO

    086 Phil 209

  • G.R. No. L-222 April 26, 1950 - SALVACION F. VDA. DE EDUQUE v. JOSE M. OCAMPO

    086 Phil 216

  • G.R. No. L-2082 April 26, 1950 - PEOPLE OF THE PHIL. v. NEMESIO LLANETA, ET AL

    086 Phil 219

  • G.R. No. L-2154 April 26, 1950 - PEOPLE OF THE PHIL. v. ANTONIO OTADORA ET AL.

    086 Phil 244

  • G.R. No. L-2279 April 26, 1950 - PEOPLE OF THE PHIL. v. LEOPOLDO ZABALA, ET AL

    086 Phil 251

  • G.R. No. L-2623 April 26, 1950 - PEOPLE OF THE PHIL. v. ARSENIO BANAYAD

    086 Phil 259

  • G.R. No. L-2649, April 26, 1950 - EL PUEBLO DE FILIPINAS v. SEGUNDO O. PINEDA, ET AL

    086 Phil 266

  • G.R. No. L-2866 April 26, 1950 - EL PUEBLO DE FILIPINAS v. PEDRO O. MACASO

    086 Phil 272

  • G.R. No. L-1733 April 29, 1950 - PEOPLE OF THE PHIL. v. GABINO R. TUASON

    086 Phil 278

  • G.R. No. L-1914 April 29, 1950 - PEOPLE OF THE PHIL. v. PEDRO LINCUNA, ET AL

    086 Phil 282

  • G.R. No. L-2054 April 29, 1950 - PEOPLE OF THE PHIL. v. JOSE VILLAMORA ET AL.

    086 Phil 287

  • G.R. No. L-2080 April 29, 1950 - PEOPLE OF THE PHIL. v. POLICARPIO RUIZ, ET AL

    086 Phil 293

  • G.R. No. L-2185 April 29, 1950 - PASTOR PACCIAL v. MARIA O. PALERMO

    086 Phil 297

  • G.R. No. L-2604 April 29, 1950 - PHIL. NEWSPAPER GUILD, ET AL v. EVENING NEWS, INC.

    086 Phil 303

  • G.R. No. L-2771 April 29, 1950 - ALFONSO UMALI v. PRIMITIVO LOVINA

    086 Phil 313

  •  





     
     

    G.R. No. L-2489   April 12, 1950 - PEOPLE OF THE PHIL. v. CONRADO EVANGELISTA ET AL. <br /><br />086 Phil 112

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-2489. April 12, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CONRADO EVANGELISTA ET AL., Defendants. CONRADO EVANGELISTA and ALEJANDRO SALAZAR, Appellants.

    Pacifico J. Guzman for Appellants.

    First Assistant Solicitor General Roberto A. Gianzon and Acting Solicitor Jose P. Pascual for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; ROBBERY WITH HOMICIDE; CONSPIRACY; LIABILITY OF ACCUSED AS PRINCIPAL. — When an armed band commits robbery and on the occasion of such robbery a homicide is committed, the crime is robbery with homicide. Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. (Art. 296, par. 2, Rev. Penal Code.)


    D E C I S I O N


    MORAN, C.J. :


    This is an appeal from a judgment of the Court of First Instance of Manila finding Conrado Evangelista and Alejandro Salazar guilty of the crime of robbery with homicide under article 294, section 1, of the Revised Penal Code (as amended by Republic Act No. 18), and sentencing each of them to suffer the penalty of reclusión perpetua with all the accessory penalties thereof; to indemnify jointly and severally the heirs of the deceased Patrolman Jose R. Antonio in the sum of P2,000, complainant Uy Sang in the sum of P3,000, and complainant Braulio Bulaong in the sum of P1,000; and to pay their proportionate part of the costs.

    On the night of February 14, 1947, Conrado Evangelista, Ruperto Roque, Lazaro Manlulu, Alejandro Salazar and Bino "Doe" agreed to rob on the following morning any Chinese store which they might find open. At about four o’clock of the following morning, February 15, 1947, as they walked down Quiricada Street, they saw that the store of Uy Sang at No. 1601 corner of Oroquieta and Quiricada Streets, had just opened and Uy Sang was alone inside counting pieces of bread. Whereupon, the five armed men entered the store brandishing their firearms and ordered Uy Sang to stay quiet. Ruperto Roque was left outside as the lookout. After ransacking the sleeping quarters of Uy Sang, the armed men took P1,000 from a wardrobe which they forced open and P2,000 which they found inside a pillow. Then they went up to the second floor of the same house where they were met by Braulio Bolaong, landlord of Uy Sang, whom they threatened with their revolvers and from whom they took a diamond ring valued at P1,000.

    At this moment, Patrolman Jose R. Antonio arrived at the store. An exchange of shots ensued and the policeman fell dead while one of the armed men, Ruperto Roque, was wounded in the abdomen. When a squad of detectives arrived to investigate, they found the lifeless body of Patrolman Antonio on the floor of the store. Upon being informed that the armed men had fled towards Palomar Extension, the detectives gave chase. There they came upon a shack where they found Ruperto Roque badly wounded and they arrested Conrado Evangelista whom they saw leaving the premises.

    Conrado Evangelista was brought to the police station where, upon investigation, he gave a signed statement (Exhibit F). Ruperto Roque, who was brought to the North General Hospital for medical care and confined therein, gave a signed statement on February 19, 1947 (Exhibit G) and died three days later, on February 22. Alejandro Salazar, who was able to escape on the day of the crime, was arrested by the Military Police in Angeles, Pampanga, on May 5, 1947, and was turned over to the Manila Police to whom he also gave a signed statement (Exhibit E). Lazaro Manlulu and Bino "Doe" who also escaped after the robbery, are still at large.

    These facts are fully supported by evidence and are not in dispute in this appeal. The question at bar, as conceded by both parties, is the criminal responsibility of appellants. Appellants allege that there was conspiracy only to commit robbery, not homicide, hence they must be held responsible only for the robbery. Appellee contends that appellants and their co-defendants conspired together in the perpetration of the robbery in question, and that on the occasion thereof, Patrolman Jose R. Antonio was shot dead, hence, appellants are guilty of the crime of robbery with homicide.

    In accordance with the provisions of law pertinent to this case (articles 294 to 296 of the Revised Penal Code) and established jurisprudence, when an armed band commits robbery and on the occasion of such robbery a homicide is committed, the crime is robbery with homicide. And the second paragraph of article 296 provides that "Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.."

    In the instant case, the conspiracy to commit robbery in band and the occurrence of a homicide on the occasion of such robbery have been proven and even admitted, although there is no showing that appellants and their companions recognized Patrolman Antonio as a policeman when he arrived at the scene of the robbery. However, the evidence clearly shows, over the mere denial of their counsel, that appellants were present when the homicide occurred. On the other hand, there is nothing in the records which tend to show that the appellants attempted to prevent the homicide. This Court, therefore, finds appellants guilty of the crime of robbery with homicide under article 294, section 1, of the Revised Penal Code. The aggravating circumstances of "nighttime" and "dwelling" have also been proven, and there being no mitigating circumstances to offset the same, the penalty specified by law must be imposed in its maximum which, in this case, would be death. However, since the required number of votes for the imposition of the death penalty cannot be had, the penalty of reclusión perpetua must be applied.

    For all the foregoing, the judgment of the lower court is hereby modified to the extent that the indemnity to the heirs of Patrolman Jose R. Antonio should be raised to P6,000, and affirmed in all other respects. It is so ordered. Ozaeta, Pablo, Bengzon, Padilla, Tuason, Montemayor, and Reyes, JJ., concur.

    Judgment modified and indemnity raised.

    G.R. No. L-2489   April 12, 1950 - PEOPLE OF THE PHIL. v. CONRADO EVANGELISTA ET AL. <br /><br />086 Phil 112


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