G.R. No. 111124 - PEOPLE OF THE PHILIPPINES, VS. JUAN SALVATIERRA, ENRIQUE CONSTANTINO, AGUSTIN TRINIDAD, WILLIE TRINIDAD, AND ALVIN SANTOS, ACCUSED, ENRIQUE CONSTANTINO, ACCUSED-

Ruling

WHEREFORE, finding accused Juan Salvatierra and Enrique Constantino guilty beyond reasonable doubt of the commission of robbery with homicide as defined and penalized under Art. 294, par. 1 of the Revised Penal Code, they are hereby sentenced to suffer the penalty of reclusion perpetua and to jointly and severally pay to the heirs of Hichiro Kubota the amounts of P50,000.00 for the loss of his life, P50,000.00 for moral damages, P807,000.00, 26,000 yen and US$2,400.00 or their equivalent in pesos, corresponding to the stolen jewelries and cash money, and also to the heirs of Cecille (Hazel) Arjona the sum of P50,000.00 for the loss of her life and an additional sum of P30,000.00 for moral damages. The preventive imprisonment accused Juan Salvatierra and Enrique Constantino have undertaken (sic) shall be deducted from the term of imprisonment imposed herein to its full extent if they signed an agreement to abide by the same rules upon convicted prisoners while in confinement and only fourth fifths (4/5) thereof if they have not signed agreement, pursuant to Art. 29 of the Revised Penal Code, as amended by Republic Act No. 6127. For the failure of the prosecution to prove his guilt beyond reasonable doubt, accused Agustin Trinidad is hereby acquitted of the crime charged in the information. The Municipal Warden of Makati is hereby ordered to release accused Agustin Trinidad from custody, unless he is being held or detained for any other cause. [6] As borne out by the record, the residence of Hichiro Kubota, a Japanese national, and his Filipino common-law wife, Elizabeth Hammond, at 1668 Baler Street, Makati, Metro Manila was robbed in the evening of May 15, 1988 by five armed men. The robbery also resulted in the killing of Hichiro Kubota and one of the latter's housemaids, Hazel Arjona, both of whom died of fatal stab wounds. Another maid, Marilyn Juguilon, was attacked with a knife by one of the robbers during the incident but she luckily survived the assault. Elizabeth Hammond, her mother Epifania and sister Diosa escaped unhurt, as did the two young children of the Kubotas. A considerable amount of money and several pieces of jewelry were carted away by the robbers. From the start, the evidence clearly pointed to appellant as one of the malefactors and not surprisingly, for Constantino was a former driver of Hichiro Kubota and Elizabeth Hammond. Appellant was, by reason thereof, well known to prosecution eyewitnesses Elizabeth Hammond, Diosa Hammond, Epifania Hammond and Marilyn Juguilon. [7] By his own account, as herein summarized, [8] appellant admits having been with the group of Salvatierra which robbed the house of spouses Hichiro Kubota and Elizabeth Hammond in the evening of May 15, 1988. At the time of the incident, he was working as a driver for a Japanese friend of Kubota and it was in fact the latter who recommended him to that Japanese employer, a certain Kinawa. He recalls that he was invited by the group of Salvatierra for a dri