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The People of the Philippines vs .

Agustin Piamonte, et al., Guillermo Mascariñas alias Elmo and Vicente Jasme Jr., alias Dodong
G.R. No. L-5775 January 28, 1954


A robbery occurred in the morning of October 28, 1951 at Barrio Gabas, Baybay, Leyte, in the house
of Magno Israel where he was left wounded and was immediately brought to the Western Leyte
Hospital. Policeman Macario Dawal was sent by the Chief of Police to investigate on the incident, and
was able to get the testimony of Israel. The next day, the Chief of Police and the Justice of Peace read
the written statement to Israel; and under oath, ratified them. Wherein, in his affidavit, he only identified
Guillermo Mascariñas whom he have long known, as the person who went to his house in the morning
in question. That the robbers to the cash amounting P320, and that he was not able to identify those
who attacked him.

The affidavit of Magno Israel led to the arrest of Mascariñas, wherein he provided a written confession.
Wherein it states, that in the morning of October 28, 1951, that he was invited by Agustin Piamonte and
Vicente Jasme Jr. and agreed to go and rob the house of Magno Israel. When they arrived at the house
of Israel, both Piamonte and Jasme Jr. went upstairs while he remained downstairs to guard the place,
where he heard the screams of resistance of Israel that led his companions to assault Israel. Due to
fright, he fled from the scene and since then he never met again his companions.

The statement of Mascariñas, arised to the arrest of Piamonte and Jasme Jr. In Piamonte’s written
confession, that in the afternoon of October 27, 1951 while attending the dance with Jarme Jr. at the
Baybay National Agricultural School; Mascariñas revealed his plan to rob the house of Magno Israel.
Wherein, the plan includes Mascariñas borrowing the clothes of Jasme Jr. for him not to be recognized
by Israel who knew him personally. When they arrived at Israel’s house, and while ransacking Israel
was awakened which prompted Mascariñas to stab him several times with the use of a hunting knife.
This has frightened Piamonte prompting him to ran downstairs followed by Mascariñas, while Jasme
Jr. had already gone ahead on the road. Upon reaching a bridge, Mascariñas returned the clothes to
Jasme Jr.

Vicente Jasme Jr. was also arrested but refused to give any statement.

Due to post-operative illness he had developed, Magno Israel died on December 28, 1951.

That during the defense, Mascariñas claimed that him, Piamonte and Jasme Jr. went to the house of
Magno Israel merely to accompany Jasme Jr., who was Israel’s nephew. He left the premises after
Jasme Jr. went upstairs, but had heard someone shouting for help, and assumed that Jasme Jr. was
being maltreated for coming late. Afterwards, Piamonte joined him as they left for home.

Mascariñas also claimed that Policeman Aurelo Altivo only compelled him to sign his confessions,
otherwise he would be sent to the constabulary headquarters.

Vicente Jasme Jr.’s defense consists of his admission on attending the dance, but denied that he was
with Piamonte and Mascariñas, as well as knowing Magno Israel and the place he lived. Furthermore,
he said that one week before the dance, he sold his pants and shirt to Piamonte at P3.00.

Agustin Piamonte, Guillermo Mascariñas, and Vicente Jasme Jr. were charged and were found guilty
of robbery with homicide, and sentenced each to suffer reclusion perpetua.

From this judgement, Guillermo Mascarinas and Vicente Jasme Jr. has appealed.

Issue :

Whether or not Agustin Piamonte, Guillermo Mascariñas, and Vicente Jasme Jr. guilty of robbery with

Held :
Agustin Piamonte, Guillermo Mascariñas, and Vicente Jasme Jr. are guilty of robbery and homicide,
based from Article 294 of the Revised Penal Code states that:

Robbery with violence against or intimidation of persons; Penalties. - Any person guilty of
robbery with the use of violence against or intimidation of any person shall suffer”

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed.

The guilt of Mascariñas is established from the declaration of the victim Magno Israel, which was also
supported by the confession of Agustin Piamonte and the defense of Vicente Jasme Jr., both identified
as his co-accused. Wherein, the declaration of the victim who pointed to him as one of those who
entered his house and robbed him.

As regards to the appellant Vicente Jasme Jr., a testimony from the his co-accused states that together
with the appellant, in order to be implicated will state that the purpose of in going to the house of Magno
Israel is to only to escort Jasme Jr. The guilt of Jasme Jr. was strengthened with the testimony of
Flaviana Escadra that he left a pair of trousers and shirt tainted with blood in the early morning of
October 28, 1951.

The conspiracy among the three accused is apparent, which was supported by the consistency of
testimonies which includes attending the dance, and planning to proceed to the house of Magno Israel.

Furthermore, though the victim died from mucuous colitis, the fact remains that he contracted the
disease due to his weak conditions caused by the sustained stabbed wounds from the incident. Thus,
the accused are responsible for the crime of homicide.

The decision appealed from is affirmed.