Beruflich Dokumente
Kultur Dokumente
v.
Doble
No.
L-‐30028
May
31,
1982
Ponente:
De
Castro,
J.
Plaintiff-‐Appellee
:
People
of
the
Philippines
Defendants
:
Cresencio
Doble,
et
al.
Defendants-‐Appellants
:
Cresencio
Doble,
Simeon
Doble
&
Antonio
Romaquin
Facts
• Late
in
the
night
of
June
13,
1966,
10
men,
almost
all
heavily
armed
with
pistols,
carbines
and
thompsons,
left
the
shores
of
Manila
in
a
motor
banca
and
proceeded
to
Navotas,
Rizal
to
rob
Prudential
Bank
&
Trust
Co.,
Navotas
Branch.
• Said
bank
had
an
unusual
banking
hours
–
midnight
up
to
8AM.
• Once
docked
and
taking
advantage
of
the
darkness
of
the
night,
8
men
disembarked
from
the
banca
and
proceeded
to
their
mission.
• At
around
12:30AM
of
June
14,
1966,
Cesar
Reyes
(assistant
cashier
of
the
bank),
was
near
Melvin
Domingo
(teller)
when
two
men
entered
the
bank,
asking
that
their
money
be
changed.
Reyes
replied
that
they
have
no
small
denominations.
Suddenly,
three
armed
men
with
long
guns
barged
in
and
started
shooting
the
walls
and
ceilings,
asked
everyone
to
lie
face
down,
and
then
demanded
the
key
to
the
vault.
When
Reyes
answered
that
they
don’t
have
it,
the
armed
men
aimed
at
the
doors
of
the
vault,
and
fired
upon
it
until
it
opened.
However,
they
couldn’t
get
the
money
inside
as
the
compartments
were
locked
separately;
so
they
went
to
the
two
tellers
and
took
whatever
they
could
lay
their
hands
on
(they
got
P10,439.95).
• Just
beside
the
bank
was
a
police
outpost,
with
agents
of
the
law
were
on
duty
watching
the
fish
landing.
As
they
heard
shots,
they
went
to
the
middle
of
the
road
towards
the
bank,
and
encountered
the
accused
while
they
are
committing
the
felony.
The
police
couldn’t
see
who
were
firing
the
shots
and
several
of
them
got
shot,
and
three
of
them
died.
• As
the
commotion
died
down,
the
8
men
then
returned
to
the
waiting
motor
banca
with
‘bayongs’
and
sped
away.
• Many
people
got
killed
and
injured
in
the
said
robbery.
Among
those
who
got
killed
were
Sgt.
Alcala,
Sgt.
Aguilos
and
Cpl.
Evangelista.
• Only
5
of
the
10
men
(the
actual
men
who
went
to
the
bank
are
still
evading
capture)
were
brought
to
trial,
the
rest
still
remain
at
large.
2
of
the
5
accused
were
acquitted.
Only
Cresencio
Doble,
Simeon
Doble
and
Antonio
Romaquin
are
appealing
in
the
charge
of
bank
robbery
committed
in
band,
with
multiple
homicide,
multiple
frustrated
homicide
and
assault
upon
agents
of
persons
in
authority.
Issue
/
Held
1. WON
Simeon
Doble
is
an
accomplice
to
the
crime.
–
NO,
acquitted.
2. WON
Crescencio
Doble
and
Antonio
Romaquin
are
principals
in
the
crime?
–
NO,
only
accomplices.
Ratio
1. On
Simeon
Doble:
ü Evidence
shows
only
that
the
malefactors
met
in
his
house
to
discuss
the
plan
to
rob
the
bank.
This
circumstance
alone
doesn’t
conclude
his
guilt
beyond
reasonable
doubt.
ü The
facts
do
not
show
that
he
performed
any
act
tending
to
the
perpetration
of
the
robbery,
nor
that
he
took
a
direct
part
therein
or
induced
other
persons
to
commit,
or
that
he
cooperated
in
its
consummation
by
some
act
without
which
it
would
not
have
been
committed.
ü At
most,
his
act
amounted
to
joining
in
a
conspiracy,
which
is
not
punishable.
ü Simeon
then
was
not
a
principal
both
by
agreement
and
encouragement
for
his
non-‐participation
in
the
commission
of
the
crime.
Nor
was
it
clearly
proven
that
he
had
received
any
share
of
the
looted
money
as
to
make
him
an
accessory.
2. On
Antonio
Romaquin
and
Crecencio
Doble:
ü The
malefactors
who
waited
in
the
banca,
both
contend
that
their
extra-‐judicial
statements,
upon
which
their
conviction
was
principally
made
to
rest,
are
inadmissible
for
having
been
allegedly
obtained
by
force
and
intimidation,
torture
and
maltreatment,
and
in
violation
of
basic
constitutional
rights
to
counsel
and
against
self-‐incrimination.
ü However,
it
must
be
noted
that
they
didn’t
present
any
medical
cert
to
attest
to
the
injuries
allegedly
inflicted.
Also,
Celso
Aquino’s
testimony,
one
of
the
accused,
admitted
that
no
violence
was
inflicted
on
him
to
procure
his
statement.
This
is
evidence
enough
that
the
appellants
could
not
have
been
dealt
with
differently
as
their
co-‐accused
Aquino
who
was
allowed
to
give
his
statement
freely.
ü The
extra-‐judicial
statements
of
the
appellants
are
convincing
to
show
that
their
liability
is
less
than
that
of
a
co-‐principal
by
conspiracy
or
by
actual
participation.
o Cresencio
was
merely
in-‐charge
of
the
banca
and
had
no
knowledge
of
the
concrete
plan
and
execution
of
the
crime.
The
mastermind
obviously
did
not
extend
confidence
in
him
as
he
was
only
asked
to
provide
a
banca
just
a
few
hours
before
the
commission
of
the
crime.
o Nor
was
Romaquin
considered
a
principal
malefactor
as
there
was
a
gun
pointed
at
him
by
Cresencio
to
prevent
him
from
fleeing
away
from
the
scene,
evident
to
show
that
he
never
joined
in
the
criminal
purpose
and
that
his
acts
were
not
voluntary.
ü An
accomplice
is
one
who,
not
being
principal
as
defined
in
Art.
17
of
the
RPC,
cooperates
in
the
execution
of
the
offense
by
previous
or
simultaneous
acts.
There
must
be
a
community
of
unlawful
purpose
between
the
principal
and
accomplice
and
assistance
knowingly
and
intentionally
given
to
supply
material
and
moral
aid
in
the
consummation
of
the
offense.
In
this
case,
the
appellants’
cooperation
is
like
that
of
a
driver
of
a
car
used
for
abduction
which
makes
the
driver
a
mere
accomplice.
ü But
it
isn’t
established
by
evidence
that
in
the
meeting
held
in
the
house
of
Simeon
that
they
all
agreed
to
kill
and
not
just
rob.
The
finding
that
appellants
are
liable
as
mere
accomplices
may
appear
too
lenient
but
evidence
fails
to
establish
their
conspiracy
with
the
real
malefactors
who
actually
robbed
the
bank
and
killed
several
people.
Crime:
robbery
in
band.
Aggravating:
nighttime
and
the
use
of
a
motorized
banca.
Mitigating:
none.