GR L 12907; (May, 1960) (Digest)
G.R. No. L-12907; May 30, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MORO AMBAHANG, ET AL., defendants. HANDAN AMID, INAMA MORSAN, NICOLAS CARPIO alias COLAS AMBAHANG MORO, defendants-appellants.
FACTS
On the night of May 18, 1956, a group of more than 20 Subanos, including women and children, were gathered at the house of Inontong Subano in Gogawanbugas, Ipil, Zamboanga del Sur. The accused Handan Amid, Inama Morsan, and Nicolas Carpio suddenly appeared, with Moro Ambahang remaining under the house. Handan Amid, armed with a rifle, asked for Tulawa Subano and, upon his response, shot him. Amid then fired at the group, while Morsan and Carpio, armed with bolos, slashed at the fleeing Subanos. Moro Ambahang, from under the house, fired at Alobad Subano. The attack resulted in the deaths of Tulawa Subano, Dandolit Subano, Dodong Subana, and Nanibong Subana. Five others—Tokling Subana, Felisa Subana, Tuwawa Subana, Inontong Subano, and Alobad Subano—suffered serious physical injuries. Personal belongings, including cloth and a gong, were also taken from the house. The accused were later apprehended. At trial, the appellants interposed the defense of alibi, which was uncorroborated. The trial court convicted them of robbery in band with multiple murder and serious physical injuries and sentenced them to death. The case was elevated to the Supreme Court for automatic review.
ISSUE
The main issue is whether the guilt of the appellants for the complex crime of robbery in band with multiple murder and serious physical injuries was proven beyond reasonable doubt, considering their defense of alibi and the positive identification by prosecution witnesses.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the appellants’ alibi weak, uncorroborated, and easily fabricated, and it could not prevail over the clear, explicit, and positive identification by the prosecution witnesses, who recognized the appellants by the light of kerosene lamps and the moon. The Court held that the crimes committed were separate offenses of robbery with violence against persons, multiple murder qualified by treachery, and serious physical injuries. The aggravating circumstances of band and dwelling attended the commission of these crimes. Although the mitigating circumstance of lack of instruction was present, it was offset by the two aggravating circumstances. Pursuant to applicable law and jurisprudence, the Court imposed upon each appellant four penalties of death for the four murders and five penalties of prision correccional for the five serious physical injuries. The decision of the trial court was modified accordingly and affirmed in all other respects.