G.R. No. 83466 -

Ruling

WHEREFORE, in view of the foregoing the accused Elizalde Culala is found guilty beyond reasonable doubt of the crime of Robbery with Homicide punishable under art. 249 par. 1, and considering the generic aggravating circumstance of treachery hereby sentences him to suffer the penalty of death; and to pay by way of indemnification the heirs of the victim the sum of P30,000.00, to indemnify the victims the sum of P500.00 for the uncovered Ohm Meter and P100.00 cash taken from the victim and to pay the costs of the suit. SO ORDERED [4] Filed, on May 10, 1982 by Provincial Fiscal Pascual C. Kliatchko, the Information indicting the accused-appellant, alleges: That on or about the 14th day of March, 1982, in the municipality of Valenzuela, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the said accused Elizalde Culala y Bognot, did then and there willfully, unlawfully and feloniously, with intent to gain, by means of violence, force and intimidation, take rob and carry away with him the following, to wit: Cash money amounting to --------- P100.00 Ohm meter tester amounting to ---- 400.00 Tools and spare parts amounting to 500.00 One (1) bag amounting to ----------- 20.00 T O T A L P1,020.00 belonging to one Eduardo C. Simoy, to the damage and prejudice of the said owner in the total amount of P1,020.00, and that during the commission of this crime and on the occasion thereof, the said accused, with intent to kill the said Eduardo C. Simoy, did then and there willfully, unlawfully and feloniously attack, assault and stab with a bladed instrument he was then provided said Eduardo C. Simoy, hitting the latter on the different parts of his body, thereby inflicting upon him physical which directly caused his death. Contrary to law [ 5] With the accused pleading not guilty upon arraignment, [6] trial ensued. The version of the prosecution as testified on by its lone eyewitness Juliana Celon-Simoy, mother of the victim, runs as follows: At about 9:50 p.m. of March 14, 1982, Juliana Simoy went out to fetch her twenty-three (23) year old son, Eduardo C. Simoy, a radio and television technician. [7] Proceeding to R. Delfin St., she saw, at a distance of fifteen (15) meters, in front of Interworld Steel Factory, two men whom she did not recognize as the area was quite dark. [8] One man was picking the left pocket of the other, at the same time pointing a knife at the back of the latter. [9] The aggressor then grabbed the bag hanging on the left shoulder of the other man and thereafter, stabbed him at the back. [10] Out of fear, Juliana Simoy sought cover at the gate of Skylark Plastic Corp., located on the road side. [11] After accomplishing his evil deed, the culprit ran at the direction where Juliana was hiding. Nearing the gate of Skylark which was then illuminated, he slowed down and walked, giving Juliana an opportunity to see his face before, and as, he passed right in front of the said gate (at a distance of one (1) mete