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Valenton, Francis Angelo T.

Criminal Law 2


People vs. Hernandez (G.R. No. 139697)

Facts: The appellee is the People of the Philippines. The appellant is Lito Hernandez. In the case
at bar, on December 19, 1994, Cesar Yuzon, was walking towards the direction of Barangay
Mahabang Parang and upon reaching the boundary of Banoyo and Mahabang Parang at around
12:00 noon, he saw his cousin-in-law, the herein appellant, and Catapang dragging his 72-year
old auntie, Natividad Yuzon Mendoza towards the direction of a forested area. Yuzon shouted,
Hoy, bakit ninyo kinakaladkad ang aking tiya? Catapang and the appellant approached and
told him not to interfere. Then Catapang pointed a knife at Cesar and, with the appellant, warned
him not to reveal what he saw to anyone; otherwise, they would kill him and his family,
including his children. Cesar followed them secretly and saw them forcibly taking money, a pair
of earrings and a necklace from the bag of his aunt. The two then strangled her with the use of a
white rope as the victim pleaded huwag po, huwag po to no avail. Months later, onFebruary 7,
1995, Cesar finally decided to tell his cousin how Natividad died and who the perpetrators were.
He and Nemensio forthwith went to the police station where they gave their respective sworn
statements to SPO3 Macatangay. The appellant then was found guilty of the crime of Robbery
with Homicide.

Issue: Is the appellant guilty of Robbery with Homicide.

Held: The Supreme Court said that the appellant is liable for the crime of Robbery with
Homicide. The evidence presented by the prosecution was sufficient to hold the appellant and
co-principal of the crime of Robbery with Homicide. The appellant robbed the victim, and by
reason or on occasion of such, the crime of homicide was also committed.