GR L 14044; (August, 1966) (Digest)
G.R. No. L-14044; August 5, 1966
THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. BENEDICTO BALILI, LEONARDO AMOGUIS, alias BIG BOY, JOHN DOES, and RICARDO DOES, defendants. BENEDICTO BALILI, defendant and appellant.
FACTS
On September 10, 1956, during the town fiesta of Tandag, Surigao, Federico So was killed and P1,000 was stolen from his store. His wife, Juliana Respicia, discovered his body with multiple wounds, including a fatal one penetrating the heart. The robbers entered by climbing a calamungay tree to a second-floor window. There were no eyewitnesses to the crime. Appellant Benedicto Balili was convicted of robbery with homicide based on his confessions and circumstantial evidence. Rural policeman Martiniano Ajos testified that at around 2:00 AM, he saw Balili lurking near the victim’s door before running away. Former chief of police Asuncion Buenaflor testified that on September 13, 1956, Balili voluntarily confessed his involvement, stating he went with “three moros and one ‘mestizo’ and Big Boy” to the Chinaman’s house. Police officer Emilio Espinosa corroborated that Balili admitted participation on September 13 but refused to give a written statement until November 3, 1956 (Exhibit C). Balili later disowned this written confession, claiming duress, and presented another affidavit (Exhibit 6) alleging maltreatment. The trial court found Balili guilty as a principal and sentenced him to reclusion perpetua.
ISSUE
Whether the appellant, Benedicto Balili, is guilty of the crime of robbery with homicide.
RULING
The Supreme Court modified the decision of the trial court. It found that there was no evidence that Balili conspired with or actually participated in the commission of the crime; therefore, he could not be considered a principal. However, by going with the malefactors, knowing their criminal intention, and staying outside the house while the others robbed and killed inside, he supplied material and moral aid, making him guilty as an accomplice to the crime. His consciousness of guilt was confirmed by his initial silence and his voluntary confession to Asuncion Buenaflor. The penalty was reduced to an indeterminate sentence of from six (6) years and one (1) day of prision mayor to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal. The rest of the judgment was affirmed.