G.R. No. 116011 - PEOPLE OF THE PHILIPPINES, VS. RHODESA* SILAN Y BORQUE, ALIAS “DADA”,AND VIRGILIO GARCIA, ALIAS “BILLY GARCIA”, ACCUSED-.

Ruling

WHEREFORE, foregoing premises considered, this Court finds both accused, Rhodesa Silan and Virgilio Garcia guilty as principal(s) of the crime of Robbery with homicide defined in Article 293 and penalized under Article 294. And, considering the aggravating circumstance of the crime having been committed in the dwelling of the offended party and there being no mitigating circumstance on record this Court sentences them to suffer the penalty of reclusion perpetua with its accessories provided for by law, to restitute to the heirs of Evangeline Gargantos the value of the article stolen from her house in the amount of P6,500.00; to indemnify said heirs (in) the sum of P50,000.00 and to pay the cost. If accused has signed a written conformity to abide with the rules on convicted prisoner, their detention service if any should be deducted from this sentence computed as provided for by law. [2] We have carefully and thoroughly reviewed the records of this case, especially the transcripts of the stenographic notes taken at the trial, the documentary evidence, and the respective presentations of the parties, and we find that these findings of the court below which were adopted in the Peoples brief provide us sufficient and accurate bases for this appellate review: Investigation conducted by police investigator Ricardo Domingo revealed that Rhodesa Silan was seen by Carol Concepcion about 2:00 P.M. on either 31 May or 1 June 1992. Silan inquired from Carol as to whether or not there was anyone in the house of her auntie. Carol told her that there is nobody there because they are (o)n vacation. Silan told Carol that she would like to get something inside the house. About 7:00 oclock in the evening of the same day Carol while fetching water, again saw Silan with a male companion going to the house of Evangeline Gargantos at the back. Carol did not recognize the male companion of Silan (TSN page 4, dated 23 Sept. 1992). Investigator Domingo took the statement of Rhodesa Silan who at the time was assisted by Atty. Salvador Navarro. (p. 5, November 4, 1992, TSN). In her extra-judicial statement (Exh. "H") Silan stated that she went to the house of her auntie Vangie in the late afternoon of 1 June 1992. (p.4. July 1, 1993, TSN). Her companions in going to Vangies house were Virgilio Billy Garcia and a certain Tol. (p. 4, ibid. ) They went to Vangies house to get her things so they can sell them as Billy needed money. (p. 4, ibid. ) Upon reaching the house of Vangie they found it closed. They went to the back portion where Billy used a screw driver in destroying the padlock of the kitchen door. (p. 5, ibid. ) Once the kitchen door was opened, they entered the house, Silan going to her room while Billy and Tol went upstair(s). (p. 5, ibid. ) While Silan was arranging her things she heard a loud sound of objects falling. She went up the house and found that an electric fan fell on the floor. She saw Billy and Tol searching something. (p. 5, ibid. ) She also n