GR L 2390; (April, 1950) (Digest)
G.R. No. L-2390; April 24, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO BALDERA, MIGUEL BLAY, JOSE DE LA CRUZ, and FOUR OTHERS, defendants. PEDRO BALDERA, appellant.
FACTS
On December 23, 1947, a bus was held up by a group of five or six armed men in San Jose, Batangas. During the incident, one of the armed men fired a shot, leading to a hail of bullets that wounded passengers Jose Pastor and Francisco Mendoza and fatally wounded Jose Cabrera. The same armed man then boarded the bus, threatened the passengers with a gun, and robbed them of money. Appellant Pedro Baldera was identified by a victim, Ponciana Villena, as the robber who took her money at gunpoint. Baldera was later arrested and made a written confession before a justice of the peace admitting his participation. At trial, he denied involvement and presented an uncorroborated alibi.
ISSUE
The main issue is whether the identification of appellant Pedro Baldera as one of the perpetrators of the robbery with homicide and physical injuries is sufficient to sustain his conviction.
RULING
Yes, the conviction is sustained. The Supreme Court found appellant’s participation in the crime clearly and satisfactorily proved by the positive identification of the victim, Ponciana Villena, and his own extrajudicial confession. The Court rejected his alibi for lack of corroboration and found no motive for the victim to falsely testify. The Court also held that the confession was admissible, as any promise of immunity was not proven and, in any event, could be used against him after he retracted. The crime committed is robbery with homicide under Article 294(1) of the Revised Penal Code, aggravated by the circumstance of attacking a vehicle. The Court corrected the lower court’s error in appreciating recidivism, as the prior theft conviction occurred after the robbery. Due to insufficient votes for the death penalty, the sentence was reduced to life imprisonment, and the indemnity to the heirs of the deceased was increased to P6,000. The judgment was affirmed as modified.
AI Generated by Armztrong.