CA 20; (March, 1946) (Digest)
G.R. No. C.A. No. 20 ; March 12, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOISES BENEDICTO, defendant-appellant.
FACTS
In the early hours of November 27, 1943, in Bancoro, Taal, Batangas, the house of Agripino Barrion was robbed by about fifty persons. The intruders forced their way in, struck Agripino unconscious, bound and maltreated his wife Antonina Villanueva to force her to disclose money and valuables, and assaulted their daughter Primitiva. During the incident, Primitiva recognized the appellant, Moises Benedicto, a resident of a neighboring barrio, as he peeped through the balcony door and later appeared at the sala door. After the robbers left, property worth P2,700 was taken. That same day, Agripino, Antonina, and Primitiva reported the robbery to the chief of police and executed affidavits identifying Benedicto as one of the perpetrators. Benedicto was prosecuted and convicted. He appealed, challenging the evidence’s sufficiency and filed a motion for new trial to present witnesses to corroborate his alibi.
ISSUE
Whether the appellant, Moises Benedicto, participated in the robbery.
RULING
Yes. The Supreme Court affirmed the conviction. The identification of Benedicto by Primitiva Barrion and her mother immediately after the event, under the light of gas lamps and given their prior acquaintance with him, was deemed credible and entitled to great weight. Their prompt denunciation negated the probability of fabrication. Benedicto’s defense of alibi failed because his evidence only placed him in a barrio of Talisay at 7:30 p.m. on November 26 and at 6 a.m. on November 27, without proving it was impossible for him to travel the approximately two kilometers to Bancoro and back during the interval. The motion for new trial was denied, as the proposed additional testimony regarding a meeting on the evening of November 26, without specifying the hour of separation, would not clearly establish an alibi incompatible with his presence at the crime scene.
The crime is punished under Article 294(5) of the Revised Penal Code. Considering the aggravating circumstances of dwelling and nocturnity, and pursuant to the Indeterminate Sentence Law, the appellant is sentenced to imprisonment for not less than six months of arresto mayor nor more than ten years of prision mayor, to indemnify the offended parties in the amount of P2,770, and to pay the costs.