4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly decision, thus: WHEREFORE, premises considered, this Court finds the accused Oscar Conde y Lutoc, Allan Atis y Abet and Alejandro Perez, Jr. y Carsillar guilty beyond reasonable doubt of the special complex crime of Robbery with Homicide as defined and penalized under Article 294, paragraph 1 of the Revised Penal Code, in relation to the Solis ruling. Accordingly, the 3 accused shall each serve the penalty of Reclusion Perpetua, with all the accessory penalties under the law. Pursuant to Section 7, Rule 117 of the 1985 Rules on Criminal Procedure, as amended, the 3 accused shall be credited with the period of their preventive detention. By way of compensatory damages, the accused shall jointly and severally indemnify the heirs, if any, of deceased SUKHDEV SINGH and BIANT SINGH in the sum of P50,000.00 for each, without subsidiary imprisonment in case of insolvency. SO ORDERED.[12] The three accused appealed. However, the counsel de parte for accused Alejandro Perez, Jr., Atty. Jose M. Marquez, failed to file brief for Perez, prompting this Court to dismiss his appeal. The decision of the trial court became final and executory with respect to accused Alejandro Perez, Jr.[13] Hence the present appeal concerns now only appellants Atis and Conde, who filed their separate briefs. Atis avers that the trial court erred: I ...IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONY OF THE PROSECUTION WITNESSES AND IN DISREGARDING THE CLAIM OF THE DEFENSE. II ...IN FINDING ACCUSED-APPELLANT ALLAN ATIS GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF ROBBERY WITH DOUBLE HOMICIDE DESPITE OF THE INSUFFICIENCY OF EVIDENCE.[14] Atis argues that the prosecution failed to establish his identity as one of the perpetrators of the crime. He alleges that Apollo Romero only saw him in court. Atis likewise claims that he was arrested without any warrant of arrest several days after https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52087 3/10