People VS Tui Et Al
People VS Tui Et Al
People VS Tui Et Al
Facts: That on or about the 18th day of August, 1987, in Quezon City, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused; conspiring together,
confederating with and mutually helping one another, with intent to gain, and by means of
intimidation and/or violence upon person, armed with a firearm and bladed weapons, did, then
and there, wilfully, unlawfully and feloniously rob one BENITO MACAM y SY in the manner as
follows: on the date and in the place aforementioned, the said accused, pursuant to their
conspiracy, entered the residence of said offended party located at No. 43-A Fema Road, Brgy.
Bahay Toro, this City, and thereafter divested the said offended party of the following properties:
One (1) model .59 cal. 9mm (toygun) One (1) Walter P 38 cal. 9mm (toygun) One (1) airgun rifle
with leather attache case One (1) master CO2 refiller One (1) Sony TV antennae Three (3)
betamax tapes One (1) Kenyo betamax rewinder One (1) Samsonite attache case One (1) set
of four pieces of trays One (1) Airmail typewriter One (1) Sony betamax One (1) Sony TV
Trinitron One (1) chessboard One (1) Toyota Crown car bearing plate No. CAS-997Assorted
jewelry Cash money (still undetermined)One (1) .22 Walter valued in the total amount of
P454,000.00, more or less, Philippine Currency, and by reason of the crime of Robbery, said
accused, with intent to kill, did, then and there, wilfully, unlawfully and feloniously attack, assault
and employ personal violence upon the person of one Leticia Macam y Tui, thereby inflicting
upon her serious and mortal injuries which were direct and immediate cause (sic) of her
untimely death, and on the occasion of said offense, one Benito Macam y Sy, Salvacion Enrera
y Escota, and Nilo Alcantara y Bautista, all sustained physical injuries which have required
medical attendance for a period of more than thirty (30) days and which have incapacitated all
of them from performing their customary labor for the said period of time,
ISSUE: The issues raised by appellants can be summarized into whether or not (a) their arrest
was valid; and (b) their guilt have been proved beyond reasonable doubt.
RULING,: Apellants contend that the crimes committed were robbery and homicide, and not the
complex crime of robbery with homicide. We do not agree. The rule is whenever homicide has
been committed as a consequence or on occasion of the robbery, all those who took part as
principals in the robbery will also be held guilty as principals of the special crime of robbery with
homicide although they did not actually take part in the homicide, unless it clearly appears that
they endeavored to prevent the homicide.
Lastly, the award of civil damages made by the trial court is not in accordance with law and
jurisprudence. The trial court overlooked the rule in Article 110 of the Revised Penal Code that
the principals shall be "severally (in solidum)" liable among themselves.