Facts:
Ernesto Ramos y Antonio,
Eladio Caluya y Binuya and Eduardo Sublechero y Gabuat appealed for automatic
review of the decision of the Court of First Instance of Rizal, Branch XIV at
Caloocan City, which rendered a sentence against them, to suffer the supreme
penalty of death by electrocution, and to indemnify the heirs of Dr. Mariano
Gana jointly and severally the sum of P12, 200.00, without subsidiary
imprisonment in case of insolvency and to pay the costs. They were charged with
robbery with homicide. Defendants professed innocence of the crime charged due
to the exempting circumstance of irresistible force and uncontrollable fear.
Issue:
Whether or not the
appellants were exempted from criminal liability.
:
The court laid that they had
no reason to differ from the conclusions reached by the trial court in finding appellants
guilty beyond reasonable doubt of the crime charged. The defense invoked by the
appellants that they acted in view of the irresistible force and uncontrollable
fear is devoid of merit. Basis of these two exempting circumstances is the
complete absence of freedom.
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