G.R. No. 133892 - THE PEOPLE OF THE PHILIPPINES, VS. JOVITO LLAVORE Y BARRIENTOS, JOEL LOBATON Y ORETA, RODOLFO FUENTES Y CASTILLO (AT LARGE) AND DANIEL GUILLERO Y ALVAREZ, ACCUSED.JOVITO LLAVORE Y BARRIENTOS, JOEL LOBATON Y ORETA[1] AND DANIEL GUILLERO Y ALVAREZ,[2] ACCUSED-.D E C I S I O N - Supre

Ruling

WHEREFORE, in view of all the foregoing, this Court finds accused, JOVITO LLAVORE Y BARRIENTOS alias `Boy' (detained), JOEL LOBATON Y ORETA alias `Imbong' (detained), RODOLFO FUENTES Y CASTILLO alias `Nene' (Escapee and in absentia ), and DANIEL GUILLERO Y ALVAREZ (detained) all GUILTY beyond reasonable doubt of the crime of `Robbery with Homicide' as charged in the Information, and hereby sentences them to suffer the penalty of RECLUSION PERPETUA including its accessory penalties as provided for by law. "With respect to accused alias `Galoy Longno' (at-large) not having been arrested and arraigned, the case against him is hereby ordered ARCHIVED and shall be automatically revived upon his arrest. "The accused are further ordered jointly and severally to pay the heirs of Danilo Malata the sum of P50,000.00 as indemnity for the death of the latter, and in addition to pay jointly and severally Hernani Tancinco the sum of P53,000.00 as indemnity for the value of the motorcycle without subsidiary imprisonment in case of insolvency in accordance with paragraph 3 of Article 39 of the Revised Penal Code of the Philippines. "The accused being detained are entitled to the full credit of their preventive detention as per R.A. No. 6127. "The Jail Warden of the BJMP, Silay City, PNP in the case of accused Jovito Llavore and the Jail Warden of the BJMP, Cadiz City PNP for accused Joel Lobaton y Oreta alias `Imbong' and accused Daniel Guillero y Alvarez are all hereby ordered to commit all the said accused to the National Penitentiary for Service of their sentence as per Supreme Court Circular No. 4-92-A dated April 20, 1992. "Let an alias Warrant of Arrest be immediately issued against accused Rodolfo Fuentes (Escapee) for his immediate arrest, and the officer-in-charge of the Warrant and Subpoena Section of the PNP, Cadiz City is hereby directed to explain within ten (10) days from receipt of a copy of this decision why up to the present the said two (2) accused have not been arrested despite the lapse of more than six (6) months after the issuance of the alias Warrant of Arrest against alias `Galoy' Longno (at-large) and the accused Rodolfo Fuentes from the time of the latter's escape from jail. "Let copies of this Decision be furnished the officer-in-charge of the Warrant and Subpoena Section of the PNP, Cadiz City and the private complainant in accordance with Supreme Court Circular No. 7-92 dated October 12, 1992." [11] Jovito Llavore, along with his co-accused Joel Lobaton and Daniel Guillero, appealed from the decision; Lobaton and Guillero, however, later withdrew their respective appeals. Appellant Llavore contends that the trial court has erred (1) in convicting him of robbery with homicide despite the inadmissibility of the extrajudicial confession of his co-accused Rodolfo Fuentes; (2) in not declaring the arrest of appellant as illegal and the seizure of the tricycle by the police officers as a ground for its inadmissibility in evidence; and (3)