THIRD DIVISION

[G.R. No. 66848. December 20, 1991.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUBEN LEE y AMOSO,

QUIRINO VIRAY, JR. y COLLADO, and JUAN LAROSA y GONZALES, Defendants-
Appellants.

The Solicitor General for Plaintiff-Appellee.

Blesila O. Quintillan, for Defendants-Appellants.

SYLLABUS

1. REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESS; FACTUAL FINDINGS OF

TRIAL COURT; RULE; REASONS THEREFOR. — Well-entrenched is the rule that appellate
courts will generally not disturb the factual findings of trial courts since the latter are in a better
position to weigh conflicting testimonies, having heard the witnesses themselves and observed
their deportment and manner of testifying, unless it is found that the trial courts have plainly
overlooked certain facts of substance and value that, if considered, might affect the result of the
case.

2. ID.; ID.; LONE TESTIMONY OF AN EYEWITNESS; MAY BE SUFFICIENT FOR

CONVICTION WHEN CREDIBLE. — Settled is the rule that conviction may be based on the
lone testimony of an eyewitness, when the testimony is credible.

3. ID.; ID.; ALIBI; CANNOT PREVAIL OVER AND IS WORTHLESS IN THE FACE OF
THE POSITIVE IDENTIFICATION OF CREDIBLE WITNESS. — We have ruled time and
again that alibi is a weak defense for it is easy to concoct and fabricate. Alibi cannot prevail over
and is worthless in the face of the positive identification by credible witnesses that the accused
perpetrated the crime. In the case at bar, We find no reason to depart from this doctrine for the
prosecution has sufficiently established the guilt of the accused Larosa.

4. CRIMINAL LAW; MITIGATING CIRCUMSTANCES; VOLUNTARY SURRENDER;

RULE FOR A SURRENDER TO BE VOLUNTARY; CASE AT BAR. — Larosa claims that he
voluntarily submitted to the custody of the police and offered no resistance when the police
accosted him. We agree with the Appellee that this contention has no basis. Before Larosa and
the other holduppers could even be apprehended, they engaged the pursuing police authorities in
a shoot-out and only gave up upon realizing that they were already surrounded by residents and
tanod members in the vicinity. For a surrender to be voluntary, it must be spontaneous and
should show the intent of the accused to submit himself unconditionally to the authorities, either:
(1) because he acknowledges his guilt, or (2) because he wishes to save them the trouble and
expense necessarily included for his search and capture. In the absence of these two (2) reasons,
and in the event that the only reason for accused’s supposed surrender is to insure his safety, his
arrest being inevitable, the surrender is not spontaneous and hence, not voluntary.

5. ID.; AGGRAVATING CIRCUMSTANCES; BAND; CONSTRUED IN CASE AT BAR. —

A crime is committed by a band whenever more than three (3) armed malefactors shall have
acted together in the commission of an offense. In the case at bar, commission by a band was
properly appreciated as it has been shown that when the holdup was staged, Ruben Lee, Quirino
Viray, Geronimo Gerdad (deceased), and accused Larosa were all armed with guns and knives.

6. ID.; ID.; CRAFT; PRESENT IN CASE AT BAR. — Craft is likewise present herein since the
accused and his cohorts pretended to be bona fide passengers of the jeep in order not to arouse
suspicion. However, once inside the jeep, they robbed the driver and the other passengers.

7. ID.; ID.; NIGHTTIME; NOT APPRECIATED IN CASE AT BAR. — As to nighttime, there

is no showing that it was purposely sought for or taken advantage of to facilitate the commission
of the offense or for the purpose of impunity. There is no proof that they waited for the night to
commit the crime. Besides, as testified to by Rodrigo Conde, the light of the jeep was not put off.
Obviously, they did not seek the darkness of the night and were not afraid of the light.

8. ID.; CIVIL LIABILITY FOR DEATH RESULTED; INCREASED TO P50,000.00. —

Conformably with the new policy of this Court, the civil indemnity of P12,000.00 is increased to
P50,000.00.

DECISION

DAVIDE, JR., J.:

In an Information filed with the then Criminal Circuit Court of Manila on 8 July
1981, Accused Ruben Lee y Amoso, Quirino Viray, Jr. y Collado, and Juan Larosa y Gonzales,
were charged with the crime of Robbery in Band with Homicide and Multiple Physical Injuries,
committed as follows: jgc:chanrobles.com.ph

"That on or about June 22,1981, in the City of Manila, Philippines, the said accused, conspiring
and confederating together with one GERONIMO GERDAD (deceased) and others whose
whereabouts and identities are still unknown, and helping one another, all armed with unknown
caliber firearms and bladed weapons, by employment of craft, that is, pretending to be bonifide
(sic) passengers of a jeepney, bearing plate No. 632 CS, PUJ, driven by BERNABE POYUAON,
and at nighttime purposely sought to better accomplish their objectives, with intent of (sic) gain
and by means of force, violence and intimidation upon persons, to wit: by then and there
simultaneously announcing it was a hold-up and pointing their respective weapons, guns and
knives, to the driver and other passengers of the said jeepney, did then and there willfully,
unlawfully and feloniously take, rob, and carry away the following, to wit: chanrob1es virtual 1aw library

From: chanrob1es virtual 1aw library

RODRIGO CONDE — One (1) wallet, black, valued

at P35.00 with 1-dollar bill;

BERNABE POYUAON — Cash money of P50.00;

ANNABELE JAVIER — Wallet, wristwatch and

necklace valued not less than

P5.00;

WONG NGAW — Seiko Wallet, valued at

P25.00; with SSS ID card and

other papers and cash money

of P200.00 and

PERPETUO AQUINO — Cash Money of P10.00

or all in the total amount of P325.00, more or less, belonging to the aforesaid driver and
passengers of the said jeepney, against their will, to the damage and prejudice of the said owners,
in the aforesaid amount of P325.00, more or less, Philippine Currency; that by reason or on the
occasion of the said robbery and for the purpose of enabling the said accused to take, rob, and
carry away the said amount, in pursuance of their conspiracy, the said accused with intent to kill,
willfully, unlawfully, and feloniously attacked, assaulted and used personal violence upon the
passengers of the said jeepney, by then and there taking possession of the steering wheel and
driving the vehicle away, firing shots at the crew of the mobile patrol car who (sic) gave chase of
the said accused, and hitting, as a consequence, the following hold-up victims, to wit:
LEOPOLDO ESPELLEGO, who sustained mortal gunshot wounds which were the direct and
immediate cause of his death thereafter; GINA SALVADOR, who sustained a gunshot wound at
the back, thereby inflicting upon her serious physical injuries which required and will require
medical attendance for a period of more than thirty days and incapacitated and will incapacitate
the said Gina Salvador from performing her customary labor during the said period of time; and
WONG NGAW and PERPETUO AQUINO, both of whom sustained physical injuries which
have (sic) required medical attendance for a period of not lees than one day but not more than
nine days and incapacitated the said Wong Ngaw and Perpetuo Aquino from performing their
customary labor during the same period of time. chanrobles law library

CONTRARY TO LAW." 1

The case was docketed as Criminal Case No. CCC-VI-49 (81).

Each of the accused entered a plea of not guilty at the arraignment on 7 September 1981. 2

At the trial on the merits, the prosecution presented the following witnesses; Gina Salvador and
Rodrigo Conde, two (2) of the jeepney passengers; PFC. Florentino Bagallon, the investigating
policeman; and Drs. Marcial C. Cenido and Narciso Adraneda, Jr., the examining physicians.
The defense presented the three (3) accused. Thereafter, on 26 August 1983, the trial court (now
Branch XLVI, Regional Trial Court of Manila) promulgated its decision 3 finding the accused
guilty of the crime charged and sentencing them to suffer the penalty of death. The dispositive
portion of the decision reads in full as follows:
jgc:chanrobles.com.ph

"WHEREFORE, the Court finds the accused, Ruben Lee y Amoso, Quirino Viray, Jr. y Collado
and Juan Larosa y Gonzales, guilty beyond reasonable doubt of the crime of robbery in band
with homicide and multiple physical injuries which is aggravated further by craft and nighttime
and hereby sentences them to suffer the penalty of DEATH; to pay, jointly and severally, the
heirs of the deceased Leopoldo Espellego the sum of P12,000.00 for the death of the latter, and
to the robbery victims, the following sums: Rodrigo Conde, P35.00: Wong Ngaw, P225.00; and
Perpetuo Aquino, P10.00 all of which were not recovered. They are also ordered to pay their
proportionate shares of the costs of suit.

The .45 caliber paltik, Exhibit W, and the .32 caliber Sentinel revolver, Exhibit W-1, which bears
Serial No. P.5803, are hereby confiscated in favor of the government and the Clerk of Court is
hereby directed to cause delivery of the same to the Firearms and Explosives Section, Philippine
Constabulary, Camp Crame, Quezon City.

Atty. Fernando Mangubat is hereby awarded the sum of P500.00 as attorney’s fees." cralaw virtua1aw library

Pursuant to the governing law then in force, 4 the case was elevated to this Court for automatic
review.

The conviction is based on the following findings of fact of the trial court: jgc:chanrobles.com.ph

"June 22, 1981, at about 2:30 o’clock, a.m., a passenger jeepney with Plate No. 632 CS, PUJ,
driven by Bernabe Poyuaon, was on its way from Rizal Avenue, Manila to Baclaran, Metro
Manila. In the jeepney as passengers while it was already nearing the Philippine General
Hospital along Taft Avenue were some 13 persons who were seated as follows: On the left seat
(which is directly behind the driver) were a male passenger immediately behind the driver,
Leopoldo Espellego, Annabele Javier, Gina Salvador, and a male passenger who was seated just
at the entrance of the jeepney, in that order. On the right seat beginning from the entrance of the
jeepney were a male passenger, Maria Lourdes Javier, Rodrigo Conde, Perpetuo Aquino and
Wong Ngaw, also in that order. Beside the driver were two male passengers. chanrobles.com:cralaw:red

x x x

The jeepney was travelling southward along Taft Avenue when the passenger seated last on the
left seat near the entrance of the jeepney and who turned out to be the accused, Ruben Lee, drew
out a gun and first poked it at Gina Salvador who was to his left and then waived (sic) said gun at
the other passengers, at the same time announcing a hold-up as follows: ‘Mga putang ina ninyo,
huag kayong sisigaw, hold-up ito’ (Sons of bitches, don’t shout. This is a hold-up).
Simultaneously, the passenger seated in front of Ruben Lee who turned out to be Quirino Viray,
Jr. drew out a knife and poked it at Maria Lourdes Javier who was to his right; the passenger
seated just behind the driver who turned out to be Geronimo Gerdad drew out a gun and pointed
it at the driver; and the passenger seated further from the driver drew out and poked a knife at the
driver.

The announcement of the hold-up frightened the passengers and Ruben Lee ordered them to
hand over their wallets, watches and other valuables. He ordered Geronimo Gerdad to collect the
things of the passengers near him. Gina Salvador gave the following: to Ruben Lee: her Seiko 5
Men’s watch worth P500.00; her Chinese gold necklace worth P200.00; cash amounting to
P800.00; and her handbag worth P15.00. From Rodrigo Conde was taken a wallet worth P35.00
and containing one Australian dollar. From the others, including that of the driver, were taken
cash which were (sic) handed over to Geronimo Gerdad.

When approaching Pedro Gil Street, Ruben Lee ordered the driver to turn right towards Roxas
Boulevard and upon reaching Mabini Street, the jeepney was noticed by the crew of Police
Mobile Patrol Car No. 221 as Pedro Gil in a one-way street. Patrol Car No. 221 tailed the
jeepney and signalled it to a stop. Upon orders of Ruben Lee, the jeepney driver stepped down to
talk nicely to the policemen (who stopped their car about seven meters behind) by telling the
latter that they entered the street by accident. At the same time, Ruben Lee warned the
passengers to keep quiet, otherwise he will shoot them.

Once the jeepney driver left to talk to the policemen, Ruben Lee also stepped down, placed his
gun on his seat and ordered Quirino Viray, Jr. to take hold of it, and proceeded to the driver’s
seat, started the Jeepney and drove off towards Roxas Boulevard, turned left and sped towards
Baclaran. Mobile Patrol Car No. 221 (with the jeepney driver on board) followed suit with its
sirens blowing and at the same time alerting other patrol cars through its radio. The jeepney, with
Ruben Lee on the wheels, turned left towards the airport and on reaching a dark road, turned
back. At this juncture, Ruben Lee ordered one of the passenger thrown out in order to distract the
attention of the pursuers. So that the passenger beside him was thrown out. However, said
passenger was not hurt; instead he ran away after hitting (sic) ground. With the mobile patrol car
in pursuit, the jeepney sped back to Roxas Boulevard and towards the Luneta with the
holduppers taking potshots at the pursuers. And because the passengers heard shots coming from
behind, they were either down on the floor or were stooping from their seats, for fear that the
policemen might shot (sic) directly at them. The jeepney finally stopped at Marvex Drive in
Balintawak, Quezon City. The hold-uppers jumped out of the jeepney and engaged the pursuing
policemen in a shoot out. Ruben Lee pointed a gun at Gina Salvador’s back and fired. When the
firing subsided, one of the hold-uppers, Geronimo Gerdad, was found seriously wounded and
a .22 caliber revolver (Exhibit W-1) was found near his body. One of the passenger victims,
Leopoldo Espellego, was seriously wounded while three others were wounded, namely: Gina
Salvador who suffered a gunshot wound; Wong Ngaw, with lacerations and abrasions (see
Exhibit F); and Perpetuo Aquino, with a lacerated wound (See Exhibit G). One patrol car
brought Gerdad and Espellego to the Chinese Memorial Hospital where both were pronounced
dead on arrival. Gina Salvador, Wong Ngaw and Perpetuo Aquino were brought to the Jose
Reyes Memorial Hospital where they were treated." 5

Through their counsel de oficio appointed by this Court, Accused-appellants filed their Brief 6 on
22 March 1985. chanrobles law library : red

The People, through the Solicitor General, filed the Appellee’s Brief 7 on 12 September 1985.

Pursuant to Section 19(1), Article III of the 1987 Constitution of the Republic of the Philippines
which provides that any death penalty already imposed shall be reduced to reclusion perpetua,
this Court, in a letter to the accused dated 20 April 1988, asked them whether they still wished to
continue with their case considering that the death penalty is no longer imposable and their death
sentences had been automatically commuted to reclusion perpetua. 8

In their letter to this Court dated 2 May 1988, Accused Ruben Lee and Quirino Viray manifested
their willingness to accept the sentence of Reclusion Perpetua. 9 Accused Juan Larosa, however,
in a letter to this Court dated 29 April 1988, manifested that he wanted to continue with his
appeal. 10

In view of the foregoing, this Court promulgated on 25 May 1988 the following resolution: jgc:chanrobles.com.ph

"G.R. No. 66648 (People v. Ruben Lee, et. al.) — Considering the pleadings filed in this case,
the Court Resolved to NOTE: (a) the letter of compliance filed by accused-appellants Ruben Lee
and Quirino Viray signed in the presence of witnesses, dated May 2, 1988, stating that they are
willing to accept the sentence of reclusion perpetua in consonance with the provision of Section
19 (1), Article III of the 1987 Constitution; and (b) the letter of compliance filed by accused-
appellant Juan Larosa dated April 29, 1988 stating that he wants to continue his case as an
appealed case."cralaw virtua1aw library

Said resolution became final on 7 June 1988 and Entry of Judgment was correspondingly made.

This review should then be limited to the case of accused Juan Larosa.

In the Appellant’s Brief, Accused Juan Larosa assigns the following errors: 11

"I

THE TRIAL COURT ERRED IN HOLDING THAT ACCUSED LAROSA IS GUILTY OF

THE CRIME CHARGED BEYOND REASONABLE DOUBT WHEN HE WAS NOT
PROPERLY AND CREDIBLY IDENTIFIED AS PARTICIPANT (SIC) IN THE CRIME;

II

THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE DEFENSE OF ALIBI OF

THE ACCUSED;

III

THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE MITIGATING

CIRCUMSTANCES OF VOLUNTARY SURRENDER BY ACCUSED." cralaw virtua1aw library

We shall take them up in the order they are presented.

A. In support of the first assigned error, Larosa claims that the two (2) alleged eyewitnesses
presented by the prosecution, namely, Gina Salvador and Rodrigo Conde, were not able to
identify him.

Indeed, as correctly pointed out by Larosa, Gina failed to mention him. While she was very
specific as to the role and participation of accused Ruben Lee and Quirino Viray, she candidly
admitted that she "could no longer recall the hold-upper who was sitted (sic) infront (sic) of the
jeep." 12 However, prosecution witness Conde positively identified Larosa as the hold-upper
sitting on the front seat of the jeep. On direct examination, he testified as follows: jgc:chanrobles.com.ph

"Fiscal Belmonte: chanrob1es virtual 1aw library

Q. When you boarded the jeep, were there passengers?

A. Yes, Sir.

Q. When you boarded the jeep, were these three already there?

A. Yes, Sir.

Q. What happened next?

A. When the jeep reached at the PGH, the three drew guns, Sir.

Q. Did they say anything?

A. Yes, Sir, they said, this is a hold-up.

Court: chanrob1es virtual 1aw library

Q. Who among the three drew a gun? chanrobles virtual lawlibrary

A. Ruben Lee, Your Honor.

Q. Who else?

A. The other one sitting near the driver, Sir.

Fiscal Belmonte: chanrob1es virtual 1aw library

Q. Is that other one in this Courtroom?

A. Yes, Sir.

Court: chanrob1es virtual 1aw library

Q. Point to him?

A. Larosa, Your Honor. 13

x x x

Fiscal Belmonte: chanrob1es virtual 1aw library

Q. Do you know if there was any passenger of that jeep fell (sic) down?

A. Yes, Sir.

Q. Where was that passenger sitted (sic) at the time that he was fell (sic) down?

A. We were on our way to MIA when that passenger fell down, Sir.

Q. Why did he fall down?

A. Because he was pushed by one of the holduper (sic), Sir.

Q. Do you know who was that holduper?

A. Larosa, Sir." 14

On cross-examination, this witness immediately aborted the defense counsel’s attempt to show
that the light of the jeep was put off, hence, it was impossible for him to see the holduppers
clearly. Thus: jgc:chanrobles.com.ph

"Atty. Mangubat: chanrob1es virtual 1aw library

Q. By the way when these holduper (sic) announced that it was hold-up, did they order the driver
to put out the light?

A. No, Sir." 15

x x x

Subsequent attempts on the part of the cross-examiner to discredit Conde proved futile. His
testimony was given full faith and credit by the trial court and We find no reason to overturn
such a finding. Well-entrenched is the rule that appellate courts will generally not disturb the
factual findings of the trial court since the latter are in a better position to weigh conflicting
testimonies, having heard the witnesses themselves and observed their deportment and manner of
testifying, unless it is found that the trial courts have plainly overlooked certain facts of
substance and value that, if considered, might affect the result of the case. 16

Equally settled is the rule that conviction may be based on the lone testimony of an eyewitness,
when the testimony is credible. 17

B. In respect to his second assigned error, Larosa would have Us believe that at 2:00 a.m. of 22
June 1981, he was at his house sleeping with his family. 18 However, Accused relies merely on
his own testimony and his alibi is not corroborated by anybody else.

We have ruled time and again that alibi is a weak defense for it is easy to concoct and fabricate.
19 Alibi cannot prevail over and is worthless in the face of the positive identification by credible
witnesses that the accused perpetrated the crime. 20 In the case at bar, We find no reason to
depart from this doctrine for the prosecution has sufficiently established the guilt of the accused
Larosa.cralawnad

C. In his last assigned error, Larosa claims that he voluntarily submitted to the custody of the
police and offered no resistance when the police accosted him. We agree with the Appellee that
this contention has no basis. Before Larosa and the other holduppers could even be apprehended,
they engaged the pursuing police authorities in a shoot-out and only gave up upon realizing that
they were already surrounded by residents and tanod members in the vicinity. 21

For a surrender to be voluntary, it must be spontaneous and should show the intent of the accused
to submit himself unconditionally to the authorities, either: (1) because he acknowledges his
guilt, or (2) because he wishes to save them the trouble and expense necessarily included for his
search and capture. 22 In the absence of these two (2) reasons, and in the event that the only
reason for accused’s supposed surrender is to insure his safety, his arrest being inevitable, the
surrender is not spontaneous and hence, not voluntary. 23

The trial court correctly appreciated against the accused the generic aggravating circumstances of
band and craft. Nighttime, however, was erroneously taken against him.

A crime is committed by a band whenever more than three (3) armed malefactors shall have
acted together in the commission of an offense. 24 In the case at bar, commission by a band was
properly appreciated as it has been shown that when the holdup was staged, Ruben Lee, Quirino
Viray, Geronimo Gerdad (deceased), and accused Larosa were all armed with guns and knives.

Craft is likewise present herein since the accused and his cohorts pretended to be bona fide
passengers of the jeep in order not to arouse suspicion. However, once inside the jeep, they
robbed the driver and the other passengers.25 cralaw:red

As to nighttime, there is no showing that it was purposely sought for or taken advantage of to
facilitate the commission of the offense or for the purpose of impunity. 26 There is no proof that
they waited for the night to commit the crime. Besides, as testified to by Rodrigo Conde, the
light of the jeep was not put off. Obviously, they did not seek the darkness of the night and were
not afraid of the light.

The robbery and the resulting deaths of Leopoldo Espellego and Geronimo Gerdad (holdupper)
and physical injuries of Gina Salvador, Wong Ngaw, and Perpetuo Aquino are included in one
(1) special complex crime of robbery with homicide and physical injuries, defined and penalized
under Article 294 of the Revised Penal Code, it being evident that the deaths and injuries
occurred by reason of or on occasion of the robbery. 27 The penalty provided for therein
is reclusion perpetua to death. Considering the presence of the aggravating circumstances of
band and craft or disguise, the greater penalty, which is death, shall be applied. 28 However, in
view of the provisions of the 1987 Constitution abolishing the death penalty, 29 accused Larosa
is entitled to the reduced penalty of reclusion perpetua.

Finally, conformably with the new policy of this Court, 30 the civil indemnity of P12,000.00 is
increased to P50,000.00. However, considering that the judgment against Ruben Lee and Quirino
Viray, the other convicted holduppers herein, had become final and executory as of 7 June 1988,
they are solidarily liable with Juan Larosa up to the amount of P12,000.00 only. Anything in
excess of said amount is the sole liability of accused Larosa.

WHEREFORE, the judgment of the trial court in Criminal Case No. CCC-VI-49 (81) finding the
accused, Juan Larosa and his co-accused guilty beyond reasonable doubt of the crime of Robbery
with Homicide and Physical Injuries, as defined and penalized under Article 294 of the Revised
Penal Code, is hereby AFFIRMED in all respects, except as above modified. As modified, he is
hereby sentenced to suffer the penalty of RECLUSION PERPETUA, and the civil indemnity for
the death of Leopoldo Espellego is hereby increased to P50,000.00, the first P12,000.00 of which
the accused Juan Larosa shall be jointly and severally liable with his co-accused, and for the
remaining P38,000.00 he shall be solely liable.

No pronouncement as to costs.

IT IS SO ORDERED.

Gutierrez, Jr., Feliciano, Bidin and Romero, JJ., concur.

Endnotes:
1. Rollo, 5-6.

2. Original records, 10.

3. Op. cit., 19.

4. Sections 7 and 9, Rule 122, Rules of Court, in relation to Section 5 (e) of the 1973
Constitution.

5. Rollo, 8-11.

6. Id., 86, et seq.

7. Id., 134, et seq.

8. Rollo, 141.

9. Id., 142.

10. Id., 143.

11. Rollo, 93-94.

12. TSN, 8 December 1981, 4.

13. TSN, 14 July 1982, 63-64.

14. TSN, 14 July 1982, 67.

15. Id., 72.

16. People v. Beringuel, 192 SCRA 561; People v. Montante, 192 SCRA 483; People v.
Manago, 191 SCRA 552; People v. Felipe, 19 SCRA 176; People v. Toring, 191 SCRA 38;
People v. Sorio, 190 SCRA 548; People v. Manzon, 190 SCRA 378; People v. Gupo, 190
SCRA 7; People v. Manalansan, 189 SCRA 619.

17. People v. Catubig, 195 SCRA 505; People v. Dela Cruz, 148 SCRA 582; People v.
Romero, 119 SCRA 234; People v. Rabang, 187 SCRA 682; People v. Argana, 10 SCRA
311; People v. Salazar, 58 SCRA 467.

18. Rollo, 16.

19. People v. Loveria, 187 SCRA 47; People v. Ampo-an, 187 SCRA 173; People v. Bicog,
187 SCRA 556; People v. Rabang, supra.; People v. Badilla, 48 Phil. 718; People v.
Lumantas, 5 SCRA 157; People v. (Genoguin, 56 SCRA 181.
20. People v. Ferrera, 151 SCRA 113; People v. Ornoza, 151 SCRA 495; People v.
Masangkay, 155 SCRA 113; People v. Lopez, 157 SCRA 304; People v. Guevarra, 179
SCRA 325; People v. Bustarde, 182 SCRA 554; People v. Palino, 183 SCRA 680; People v.
Clores, 184 SCRA 638; People v. Tensbro, 191 SCRA 363; and People v. Kyamko, 192
SCRA 374.

21. Appellee’s Brief, 18; Rollo, 134.

22. People v. Lingatong, 181 SCRA 424; People v. Ablao, 183 SCRA 658.

23. People v. Salvilla, 184 SCRA 671; People v. Sigayan, 16 SCRA 829; People v.
Mationg, 113 SCRA 167; People v. Dimdim, 106 Phil. 301.

24. Paragraph 6, Article 14, Revised Penal Code.

25. People v. Daos, 60 Phil. 143.

26. People v. Balagtas, 19 Phil. 164; People v. Flores, 40 SCRA 230; People v. Moral, 132
SCRA 474; People v. Rebullar, 188 SCRA 838; People v. Toring, supra.; People v. Aspili,
191 SCRA 530.

27. People v. Genoguin, supra; People v. Madrid, 88 Phil 1.

28. Article 63 (1), Revised Penal Code.

29. Section 19 (1), Article III.

30. People v. Sison, 189 SCRA 643; People v. Sazon, 189 SCRA 700.