Before us on automatic review is a decision 1 of the then Court of First Instance of Surigao del Norte, 15th Judicial District, Branch II, Surigao City, in Criminal Case No. 185, finding the accused Felix Pecato and Ereneo Peruda guilty beyond reasonable doubt of the crime of robbery with violence against or intimidation of persons as defined and penalized under Article 294 of the Revised Penal Code, sentencing them to suffer the supreme penalty of death by electrocution together with all the accessory penalties prescribed by law, to indemnify the heirs of Felix Larong in the sum of twelve thousand pesos, and to pay their proportionate share of the costs.

In an Information 2 dated February 16, 1972, the 1st Assistant Provincial Fiscal of Surigao del Norte accused Arturo Pecato, Felix Pecato, Victoriano Leyros, and Ereneo Peruda of the crime of robbery with homicide committed as follows:chanrob1es virtual 1aw library



That on or about the 1st day of November, 1971 in the municipality of Gigaguit, province of Surigao del Norte, Philippines and within the jurisdiction of this Honorable Court, the herein accused, Arturo Pecato, Felix Pecato, Victoriano Leyros and Ereneo Peruda, conspiring, confederating and helping one another, and armed with the following deadly weapons to wit: One revolver Cal. 22; two sharp pointed instruments; two shotguns, with intent of gain and by means of violence and intimidation on persons that is shooting Felix Larong and manhandling Uldarica Larong, his daughter, the latter sustained injuries in the different parts of her body, did then and there wilfully, unlawfully, and feloniously take, from Felix Larong and Luciana Larong, husband and wife respectively, the amount of Three Hundred Fifty (P350.00) Pesos, Philippine Currency, belonging to Felix Larong, to the damage and prejudice of the latter in the amount aforestated.

That on the occasion of said robbery and for the purpose of enabling them to take, steal and carry the amount of Three Hundred and Fifty (P350.00) Pesos, the herein accused in pursuance of their conspiracy, with intent to kill, did then and there wilfully, unlawfully and feloniously, with evident premeditation, taking advantage of superior strength, disregard of rank on account of age; in band, nighttime and treachery, attack, assault and shoot Felix Larong, with the use of firearms, thereby inflicting upon the latter, the following injuries, to wit:chanrob1es virtual 1aw library

1. Shotgun wounds —

a — exists (sic) — irregular in shape 1.5 left iliac region.

2.1 umbilicus.

b — entrance — circular in shape located at the spinal column between the iliac crests.

Internal examination:chanrob1es virtual 1aw library

a — Penetrated wounds small intestine, large intestine, mesenteries.

b — severed spinal column.

c — extracted pellets.

1.2. from the abdominal wall.

2.1. from the spinal column.

and as a consequence thereof cause the death of Felix Larong thereby causing moral damages to the heirs of the victim.

Contrary to Art. 294 paragraph 1 of the Revised Penal Code with the generic aggravating circumstance of treachery and the aggravating circumstance of insult or disregard of rank, in band, use of superior strength and night time.



Of the four accused, only three, Arturo Pecato, Felix Pecato, and Ereneo Peruda, were arrested. Victoriano Leyros went into hiding, evaded arrest, and has remained at large.

Upon their arraignment on February 18, 1974 3 the three accused, Arturo Pecato, Felix Pecato, and Ereneo Peruda, pleaded not guilty. Whereupon, the trial court proceeded with the trial of the case. However, before the actual trial in the court below, specifically on June 23, 1974, the accused Arturo Pecato died, hence, "his criminal responsibility in the case whatever he may have, was extinguished." 4 However, the case proceeded and was decided against Felix Pecato and Ereneo Peruda.

The dispositive portion of the 109-page decision dated February 4, 1975, now under review, states:chanrob1es virtual 1aw library



WHEREFORE, in view of all the foregoing considerations, this Court hereby finds the accused FELIX PECATO and ERENEO PERUDA guilty beyond reasonable doubt of the crime of Robbery with Violence Against or Intimidation of Persons, defined and penalized under Article 294 of the Revised Penal Code, with the aggravating circumstances of treachery, disregard of rank, in band and abuse of superior strength and nighttime, with no mitigating circumstance to offset the same, and invoking the provisions of Article 294 of the same Code with respect to the aspect that the crime was committed in band, the Court hereby sentences the said two accused to suffer the supreme penalty of DEATH by electrocution together with all the accessories prescribed by law.

The same accused are hereby ordered to indemnify, jointly and severally, the heirs of Felix Larong in the sum of P12,000.00 and to pay their proportionate share of the costs.

The home-made shotgun, Exhibit "D," being one of the instruments of the crime, the same is hereby ordered forfeited in favor of the Government.

Let this case, insofar as the accused Victoriano Leyros who is at-large be archived without prejudice to its reinstatement as soon as said accused shall have been apprehended and brought to the jurisdiction of this Court.

IT IS SO ORDERED. 5



The records of the case establish the following facts:chanrob1es virtual 1aw library

At about nine o’clock in the evening of November 1, 1971, 6 in Lahi, Gigaquit, Surigao del Norte, while Felix Larong, about 70 years old, 7 and his family, consisting of his wife Luciana Larong, about 85 years of age, 8 and his 31-year old unmarried daughter, 9 Uldarica Larong, were preparing to sleep, 10 several men called from outside their small house, a one-room affair, 4