10. People v. Arizobal G.r. Nos. 135051 December 14, 2000 sari--sari store.

per curiam
FACTS
Clarito Arizobal and Erly Lignes (and originally with three others) were charged store.
with Robbery in Band with Homicide for robbing and slaying Laurencio Gimenez
and his son Jimmy Gimenez
Testimony of Clementina Gimenez (wife of Laurencio Gimenez):
On March 24, 1994, at around 9:30pm, Florencio asked his wife Clementina to
open the door because there were persons outside. Clementina lit a kerosene
lamp, went the door and was confronted by three armed men pointing their
guns at her. One was wearing a maskara, and the other two she recognized as
Arizobal and Lignes.
After asking where Florencios gun was, Arizobal and Lignes barged into the
masters bedroom and forcibly opened the aparador. The intruders ransacked killed for trying to escape.
the cabinet and scattered everything on the floor until they found P8,000 among
sheets of paper.
Before they left with their loot, they ordered Laurencio to go with them to
Jimmys house. Against his will, Laurencio followed.
Two of the intruders ordered Erlinda to buy coke for their snack warned her not
to make any noise or alert the vendor. When they returned, the robbers
proceeded to ransack the household, taking around P1,000 from the sari--sari
The intruders ordered them to produce P100,000 in exchange for Jimmys life.
Erlinda offered to give their certificate of large cattle but the culprits just threw
the document back at her.
Three masked men then dragged Jimmy outside the house and together with
Laurencio brought them some 50 meters away from the house. Arizobal and
Lignes were left to guard Francisco and Erlindas son.
Moments later, she heard a burst of gunfire. When the masked men returned,
one of them informed Erlinda that her husband and father--in--law had been
RULING of the Regional Trial Court
Giving full credence to the testimony of the prosecution witnesses, RTC found
Clarito and Erly guilty beyond reasonable doubt of ROBBERY WITH HOMICIDE
! With 4 ACs: committed by a band, with treachery, by nighttime and by dwelling

Shortly after, Clementina heard a volley of shots and her grandchild muttered, WON the accused are guilty of robbery with homicide?
Lolo is already dead! Held: YES
(1) The lapses in the account given by Clementina are not so serious as to
Testimony of Erlinda Gimenez (wife of Jimmy Gimenez) warrant the reversal of the verdict; both of the accused were identified as two of
Jimmy arrived home and informed his wife that they bought a carabao, handing the perpetrators of the crime
her the certificate of large cattle.
(2) Conspiracy: The fact the accused--appellant conspired in the commission of
While he was preparing supper, three men suddenly appeared and ordered them the crime charged was sufficiently and convincingly shown by his active
to lie face down. One of them pushed Erlinada to the ground while the others participation in ransacking the belongings of the two Gimenez families, tying
tied Jimmy and whipped him with an armalite trifle. (They also tied Francisco and holding Francisco and Erlindas son immobile while the others led
Gimenez). the victims to their death

The robbers consumed the food and the cigarettes Erlinda was selling in her (3) Dwelling was correctly appreciated as an aggravating circumstance
 Although inherent in certain crimes, in robbery with homicide, the
authors can commit the heinous crime without transgressing the DECISION: the Decision of the Regional Trial Court of Cataingan, Masbate is
sanctity of the victims domicile. AFFIRMED: ERLY LIGNES and CLARITO ARIZOBAL are guilty beyond reasonable
Robbers demonstrated impudent disregard of the inviolability of the doubt of ROBBERY WITH HOMICIDE; with the MODIFICATION that ERLY LIGNES
victims abode and CLARITO ARIZOBAL (who is still at large) are ordered in addition:
forced their way in, looted their houses, intimidated and coerced (a) to pay jointly and solidarily the legal heirs of Laurencio Gimenez and Jimmy
their inhabitants to submission, tied the victims hands before Gimenez P50,000.00 for civil indemnity, another P50,000.00 for moral damages,
dragging them out of the house to be killed and P20,000.00 for exemplary damages, for each set of heirs; and
(b) to pay jointly and solidarily the legal heirs of Laurencio Gimenez P8,000.00
(4) Treachery, committed by a band and nighttime were incorrectly considered and those of Jimmy Gimenez P1,000.00 representing their respective actual
damages
Treachery: Robbery with homicide is a special complex crime classified
as a crime against property (robbery is the main purpose and object of
criminals, while homicide is an incident of robbery)
Committed by a band means that more than three persons were
armed and united in the commission of robbery but this cannot be
gathered from the records
Nighttime
It was not shown that nocturnidad was deliberately and
intentionally sought by the accused--appellants to help them
realized their evil intentions
Houses of the victims were adequately lighted by kerosene
lamps
Robbers conversed with victims for an appreciable period of
time inside the well--lit houses

(5) Not two separate counts of robbery. RTC correctly held that the ransacking
of the two houses and the killing of the victims were not entirely disconnected
and distinct acts of depredation. They arose from a single criminal impulse and
intent, there being unity of purpose and right violated

(6) Robbery with Homicide

Erly Lignes in conspiracy with Clarito Arizobal and three other unidentified
persons, used violence and intimidation against the members of the two
Gimenez families in carrying out the robbery and on the occasion thereof killed
Laurencio and Jimmy