GR 1940; (February, 1905) (Digest)
G.R. No. 1940 : February 6, 1905
THE UNITED STATES, complainant-appellee, vs. NICOLAS PALILIO, ET AL., defendants-appellants.
FACTS:
On December 17, 1903, at around 10:00 p.m., a group of armed individuals raided the house of spouses Emeterio Puno and Ponciana Salazar in Hagonoy, Bulacan. The malefactors bound Emeterio Puno, took him from his house, struck him with a revolver, and demanded money. As he had none, they took him to his store and carried away cigarettes, bread, and soap valued at two pesos. It was also discovered that two hats and a pair of shoes, valued at eight pesos, were taken from the house. The total value of the stolen property was 10 pesos (Mexican). Emeterio Puno positively identified one of the robbers as the defendant, Nicolas Palilio, whom he knew from before. His wife, Ponciana Salazar, did not recognize any of the perpetrators. The provincial fiscal filed an information charging Nicolas Palilio and Emiliano Gonzalez with the crime of robo en cuadrilla (robbery in band). The trial court convicted Nicolas Palilio but acquitted Emiliano Gonzalez.
ISSUE:
Whether the guilt of the appellant, Nicolas Palilio, for the crime of robo en cuadrilla has been proven beyond a reasonable doubt.
RULING:
Yes. The Supreme Court affirmed the conviction. The crime committed was robo en cuadrilla as defined and penalized under Article 502 and subsection 5 of Article 503, in relation to Articles 504 and 505 of the Penal Code, as it was committed by more than three armed individuals. The positive identification of Palilio by the victim, Emeterio Puno, was found credible and was corroborated by other evidence, including the testimony of the justice of the peace and another witness. The defense of alibi presented by Palilio’s mother-in-law was not sufficient to overcome the positive identification. The Court noted the presence of one extenuating circumstance and one aggravating circumstance which offset each other, warranting the imposition of the penalty in its minimum degree. Nicolas Palilio was sentenced to six years, ten months, and one day of presidio mayor, ordered to indemnify the injured party in the amount of 18 pesos (representing the value of the stolen goods), to suffer the accessory penalties under Article 57 of the Penal Code, and to pay the corresponding costs.