4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly Q: Can you still recall with what instrument did Allan Atis used (sic) in stabbing the Indian National at the back. A: I cannot recall anymore, mam. Q: What about Alejandro Perez, what did he do? A: Allan Atis was the one who took the goods being sold by the Indian Nationals in installment. Q: Who took the goods? Will you please identify the person who took the goods from the Indian Nationals? A: The one wearing the white t-shirt. Atty. Yson Witness pointed to a person wearing a white t-shirt who when asked answered by the name of Allan Atis.[40] The identification of Allan Atis by Apollo Romero as the one who took the items was more of an afterthought and was not even responsive to the question made by the prosecutor. Aside from this, the ownership of the towel and the umbrella was not even established. In order to sustain a conviction for robbery with homicide, robbery must be proven as conclusively as the killing itself, otherwise, the crime would only be homicide or murder, as the case may be.[41] In this case, only the facts and causes of deaths were established with moral certainty. Hence, there can be no robbery with homicide. The appellants are only liable for two counts of homicide. On the other hand, we find in order the search of the bag of Felicidad Macabare, at the time she was visiting her husband who was a detainee. PO3 Sevillano testified, this search is part of police standard operating procedure,[42] and is recognized as part of precautionary measures by the police to safeguard the safety of the detainees as well as the over-all security of the jail premises. However, the weapons[43] confiscated from Felicidad Macabare, were not formally offered as evidence by the prosecution,[44] hence probatively valueless.[45] WHEREFORE, the assailed decision of the Regional Trial Court of Kalookan City, Branch 129, finding the appellants Oscar Conde and Allan Atis guilty of robbery with homicide is hereby MODIFIED. They are declared guilty only of two counts of homicide and each is hereby sentenced to suffer the indeterminate sentence of six (6) years and one (1) day of prision mayor to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal for each count of homicide. They are likewise ordered to indemnify jointly and severally the heirs of each of the victims, Sukhdev Singh and Biant Singh, in the amount of P50,000.00, and to pay the costs. SO ORDERED. Bellosillo, (Chairman), Mendoza, Buena, and De Leon, Jr., JJ., concur. [1] Rollo, pp. 15-21. [2] Id. at 3. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52087 7/10