G.R. No. L-2043; February 28, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO CARILLO Y ALMADIN ET AL., defendants. ALEJANDRO CARILLO Y ALMADIN and TORIBIO RAQUENIO Y PITAS, appellants.

FACTS

On June 4, 1947, appellants Alejandro Carillo and Toribio Raquenio (alias “Frank”) robbed Emma Foronda-Abaya and Marcelino Lontok, Jr. at gunpoint on a Manila street. After the robbery, Carillo attempted to rape Emma Foronda-Abaya. When she resisted, Carillo shot and killed her. Raquenio participated in the robbery and intimidation but tried to stop Carillo from the rape. The stolen items were traced, leading to Carillo’s arrest. Carillo, a recidivist previously convicted of robbery, confessed to the crime.

ISSUE

1. Whether the appellants are guilty of the crimes charged.
2. What are the proper penalties considering the attendant circumstances?

RULING

1. Alejandro Carillo is guilty of robbery with homicide under Article 294(1) of the Revised Penal Code, aggravated by recidivism, nocturnity, abuse of superior strength, and the attendant attempted rape. The Court modified the penalty from reclusion perpetua to death.
2. Toribio Raquenio is guilty only of *robbery with violence against or intimidation of persons* under Article 294(5) of the Revised Penal Code, aggravated by nocturnity. His indeterminate sentence was modified, with the maximum increased to ten years of prision mayor. The decision of the trial court was affirmed with this modification.

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