 At about 7:30 in the evening of May 21, 1970, Accused Darwin Veloso and a companion, both

masked, entered the house of the Odiamar family. Veloso was armed with a .45 cal. pistol while
his companion had a revolver ,
  Veloso, he was the one who shouted, "Hold-up ito, taas ang kamay!" and he then subsequently
ordered them to lie flat on the floor. However, when Hermenegildo saw that her mother was
bleeding he pleaded to spare his mother’s life but he was shot dead by Veloso instead.
 Meanwhile, the father who was able to anticipate the accused, due to their noises upon
entering, was able to get his firearm and open fire with the accused. The accused respondent by
taking hostage the rest of the family members was able to compel the father to surrender.
Consequently, another four men who are companions of the accused entered the house and
ransacked the same.
 According to Dr. Theo Jayme Santy who conducted an autopsy on the deceased Hermenegildo,
the cause of the victim's death was "shock, irreversible, acute internal and external hemorrhage,
secondary to gunshot wound which destroyed the liver, and the 4th lumbar vertebra."
 The Naga City police force found Veloso in a house at Biak-na-Bato St., Makati, Rizal in the
afternoon of June 2, 1970. Having caught him in the possession of a .45 cal. pistol, the Court of
First Instance of Camarines Sur imposed the capital penalty of death on accused Darwin Veloso y
Militante, alias Carlito Villareal, for the crime of robbery with homicide and double serious
physical injuries.
 The Accused further contends that his conviction of the complex crime of robbery with homicide
and double serious physical injuries is unwarranted because of the absence of adequate proof
that he was the one who fired upon the deceased Hermenegildo Odiamar

 Issue:

 Whether or not the charge against the accused of Robbery with Homicide and Double Serious
Physical Injuries is right

Held:

 The supreme court held that the charge against the accused of Robbery with Homicide and
Double Serious Physical Injuries is right because It is undisputed that during the commission of
the robbery, Hermenegildo Odiamar was shot and killed, while the Odiamar spouses sustained
serious physical injuries.
 The fact that the death of Hermenegildo resulted during or on the occasion of the robbery,
wherein the accused admittedly participated, makes the latter guilty of the special complex
crime of robbery with homicide and double serious physical injuries. Well entrenched is the rule
that whenever a homicide has been committed as a consequence, or on the occasion, of a
robbery, all those who took part as principals in the robbery will also be held guilty as principals
of the special complex crime of robbery with homicide, although they did not actually take part
in the homicide unless it appears that they endeavoured to prevent the homicide.
 And also, Filemon Odiamar and his daughter Shirley, testified that it was Veloso who shot
Hermie while the latter was kneeling with his hands up. The court a quo found their testimonies
"clear and convincing"
 The supreme court affirmed the decision of the Court of First Instance of Camarines Sur