FACTS: On the 11th of July 1998, a seventy four year-old lady was found bloody dead sprawled sideways on the floor opposite the sink near the kitchen. The fact that the crime was committed inside the victim's dwelling without the permission of the latter is indeed an aggravating robbery with homicide. The appellant; Antonio Reyes said that he was not aware of what he was doing while he was committing the robbery because he was drunk and killing Ms. Lagrada is not his intention because she started shouting upon seeing him. However, the accused is already on the bus terminal when the police caught him.
ISSUE: Is Reyes guilty of the crime of consummated robbery with homicide regardless of the age and sex of the deceased?
HELD: The counter statement of the appelant which stated that he was drunk while commiting the felony was not found as an evidence by the court as a mitigating circumstance to the crime. Another fact found is the accused did not consider the age nor sex of the deceased since according to appelant, he killed the deceased with a bolo because she was shouting for help. Antonio was caught in the bus terminal with all the jewelries and bank passbook of the deceased which determines the consummated robbery. Antonio Reyes Magano is found guilty by Regional Trial Court of Sta. Cruz, Laguna and was sentenced a punishment of Reclusion Perpetua or 20 years and 1 day up to 40 years of imprisonment and a penalty for the heirs of the deceased of P25,000.