G.R. No. 131477 - PEOPLE OF THE PHILIPPINES, VS. MARIO

Ruling

WHEREFORE, finding accused Mario Concepcion guilty of the crime of robbery with homicide, the Court hereby sentences said accused to suffer the death penalty, to pay the heirs of Lolita Corpuz y Ocampo the following sums: P50,000 as civil indemnity, P97,588 representing expenses incurred during her wake, funeral and interment, P50,000 as moral damages, and P40,500 representing the value of the stolen articles, and to pay the costs. "The provincial jail warden of the provincial jail of Laguna in Sta. Cruz, Laguna is hereby directed to immediately release accused Nelson Tejerero from his detention unless he is being held for some other valid and legal grounds." On January 26, 1995, an information [2] was filed before the RTC of San Pedro, Laguna charging Mario Concepcion y Nonado, Nelson Tejerero y Delos Santos, John Doe @ "Cocoy," and Peter Doe @ "Jerry," with robbery with homicide committed as follows: "That on or about October 18, 1994, in the Municipality of Laguna, Philippines and within the jurisdiction of this Honorable Court, accused Mario Concepcion y Nonado, Nelson Tejerero y Delos Santos conspiring and confederating with John Doe alias `Cocoy' and Peter Doe alias `Jerry' whose true identities have not yet been fully ascertained and mutually helping one another with intent to gain and without the knowledge and consent of the owner thereof and with the use of force upon things, to wit: by forcibly destroying the door lock of the house to gain entry thereto and once inside, did then and there willfully, unlawfully and feloniously take, steal and carry away one (1) Sony component with SN-105118, two (2) Sony Speakers with SN-1995653, one (1) brown travelling bag, three (3) pieces of lady's belt, assorted jewelries and undetermined amount of cash with a total value of Forty Thousand Five Hundred (P40,500.00), belonging to Lolita Corpuz Ocampo. "That on the occasion of or by reason of said robbery and in the pursuance of such conspiracy and for the purpose of enabling them to take, steal and carry away said items, the above-named accused, conspiring, confederating and mutually helping one another, with intent to kill and without justifiable cause, did then and there willfully, unlawfully and feloniously attack, assault and strike Lolita Corpuz Ocampo with the use of a hard object, thereby inflicting upon her mortal stab wound on her head which directly caused her instantaneous death, to the damage and prejudice of her surviving heirs." Upon arraignment, accused-appellant Mario Concepcion and accused Nelson Tejerero entered a plea of not guilty. [3] The two other accused remained at large. Trial on the merits ensued with the prosecution presenting the following witnesses: Marilou dela Cruz Mislang, daughter of the victim, SPO1 Bertito Almenanza, police investigator, SPO3 Clemente Raymundo, who corroborated the testimony of SPO1 Almenanza, Romulo Bernal, a barangay tanod , Nancy Tejerero, Analyn Balmes, Dr. Maximo Reyes and Norma Salo, Medical T