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* EN BANC.
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146 SUPREME COURT REPORTS ANNOTATED
the two (2) 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 of right violated.
PER CURIAM:
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treachery because the robbers tied the hand of the victims before
killing them; 3) By nighttime (nocturnity) because the accused
took advantage of the night; and, 4) By dwelling because the
robbery is (sic) committed with violence against or intimidation of
persons x x x and the commission of the crime begun in the
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dwelling x x x x
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12 Id., p. 19.
13 Id., pp. 5963.
14 People v. Nang, G.R. No. 107799, 15 April 1998, 289 SGKA 16.
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17 People v. Pareja, G.R. No. 88043, 9 December 1996, 265 SCRA 429;
People v. Feliciano, G.R. No. 102078, 15 May 1996, 256 SCRA 706.
18 People v. Bariquit, G.R. No. 122733, 2 October 2000, 341 SCRA 600.
19 See Note 18.
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A: Yes, sir.
Q: What was that incident about?
A: Armed persons entered our house.
Q: How many?
A: Three (3).
Q: You said that these 3 persons were armed, will you tell
this Honorable Court the kind of weapon or arms they
were bringing with them at that time?
A: One person carrying a long firearm.
Q: How about the other two?
A: One person standing at the door carrying a long firearm
and the two went upstairs.
Q: Were they carrying weapons?
A: They have20
(sic) both of them were carrying short
firearms.
Q: Where were you when you saw that the two accused
Clarito Arizobal and Erly Lignes got the money?
A: At the sala.
Q: When they ransacked your aparador you did not object?
A: They let us sit and warned us not to move.
Q: But you have not seen them armed with any firearm, is
that correct?
A: They have.
Q: Who were armed with firearms?
A: Clarito Arizobal and Erly Lignes.
Q: What kind of firearm?
A: Short arm.
Q: And where was the third person who was wearing mask
at the time these two accused Erly Lignes and Clarito
Arizobal ransacked your aparador and got the money?
A: At the door of our house.
Q: What was he doing?
A: On guard.
Q: Was he armed?
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A: Bringing a long gun, masked.
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