G.R. No. 124640 - PEOPLE OF THE PHILIPPINES, VS. JERRY A. CAPCO, ERWIN T. PANES, CHARLIE M. PANES AND RENATO D. AGPOON, ACCUSED,RENATO D. AGPOON, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, on 20 January 1993 the Information was amended charging all four (4) accused with robbery with homicide but dropping physical injuries. [3] On 8 August 1992 at around 11 o'clock in the evening, four (4) armed men barged into a grocery store located in Kalawaan, Pasig City, owned by Alberto S. Flores, and announced, " dapa dapa , hold-up ito. " Bolivar Flores was then leisurely watching television while his father Alberto Flores had already retired for the night. Bolivar identified in court the intruders as Jerry Capco, Erwin Panes, Charlie Panes and Renato Agpoon. He, however, clarified later that only Jerry Capco, Erwin Panes and one Eduardo Padawan came in their store while Charlie Panes and Renato Agpoon stood outside. Bolivar easily recognized Jerry Capco despite his partially covered face because he used to work for them as a houseboy. He was also able to identify the companions of Jerry Capco as they were not wearing any mask. He claimed that the accused were armed with .38 caliber revolvers and kitchen knives. According to him, Erwin struck him on the head with a gun; he fell and hit the folding bed where his father was sleeping thus waking him up; without saying a word, Erwin aimed his gun at his father Alberto S. Flores and mercilessly shot him twice hitting him on the lower left portion of his chest while one of the accused took the clutch bag containing the day's sales of the store amounting to P30,000.00, more or less. Fearing that he would also be shot, Bolivar immediately stood up, ran behind stocks of merchandise, turned off the lights, and screamed for help. Alarmed by the confusion that ensued the robbers scampered away. Some fifteen (15) minutes later, Bolivar went out the store and sought the help of a barangay tanod . It was then, according to Bolivar, that he saw from a distance of one (1) meter Charlie Panes and Renato Agpoon standing outside the store. [4] Bolivar went to Antonio T. Flores, his grandfather, to inform him of the incident and went back with him to the store. They noticed a lot of people outside. When they got inside they saw Antonio sprawled on the floor soaked in his own blood. Bolivar rushed his father to the Rizal Medical Center where he was later pronounced dead. [5] The autopsy conducted by Medico Legal Officer and Chief of the NCR-PNP-PCCL Dr. Dario L. Gajardo revealed that Alberto Flores succumbed to cardio-respiratory arrest due to shock and hemorrhage secondary to gunshot wounds in the trunk. [6] Victoriano G. Evangelista, barangay executive officer of Bambang, Pasig, testified that shortly after 11 o'clock in the evening of 8 August 1992, while he was at his post, a tricycle driver named Bernie informed him about the robbery in the store of Alberto Flores. He summoned two (2) of his barangay tanods to accompany him to the place. There they heard someone shouting that he was hit. Immediately upon entering they saw Alberto lying on the ground bathed in his own blood. Victoriano instructed