G.R. No. 2537
THE UNITED STATES, plaintiff-appellee, vs. SERAPIO SISON, ET AL., defendants-appellants.
September 1, 1906 | Willard, J.

FACTS:
1. Crime Committed: On November 8, 1904, between 8-9 PM, a band of 5-6 armed men (with daggers/axes) robbed the store of Yap Pieco in Dagupan, Pangasinan. They assaulted and bound four Chinese individuals, stole ₱1,500 and opium worth ₱100, and fatally wounded Yap Pieco (died November 9) and Tan Chuanco (died November 21).
2. Defendants:
– Acquitted: Aniceto dela Cruz and Roque Fernandez.
– Convicted of robbery with homicide (death penalty): Serapio Sison, Teodoro Pachero, and Anastacio Defuntorum.
– Convicted as accomplice (20 years): Jose de Venecia.
3. Evidence:
– Eyewitnesses Si Sieco and Tan Pongco (survivors) positively identified Sison, Pachero, and Defuntorum as perpetrators.
– Corroborative testimony placed Sison, Pachero, and Defuntorum near the crime scene around the time of the robbery.
– A dying declaration (note from Tan Chuanco) implicating the defendants was admitted but deemed unnecessary for the conviction.
4. Procedural Issues:
– Defense sought to impeach eyewitnesses using their prior inconsistent statements (allegedly made during a preliminary investigation before a justice of the peace). The trial court excluded this evidence for lack of proper impeachment foundation.
– The appellate court found the excluded evidence unreliable due to unsworn interpreters and the witnesses’ denial of making such statements.

ISSUE:
1. Whether the trial court erred in:
– Excluding the preliminary investigation records to impeach eyewitnesses.
– Admitting Tan Chuanco’s dying declaration.
– Refusing to exclude a non-witness (Mariano) from the courtroom.
2. Whether the evidence sufficiently established the guilt of the defendants.

RULING:
1. On Excluded Evidence: The Supreme Court held that even if the preliminary investigation records were considered, they were insufficient to discredit the eyewitnesses’ trial testimony due to unreliable interpretation and lack of foundation. No reversible error.
2. On Dying Declaration: The Court declined to rule on its admissibility, holding that the conviction of Sison, Pachero, and Defuntorum was supported by other evidence.
3. On Mariano’s Presence: No error in allowing Mariano (a non-witness) to remain in the courtroom.
4. Modification of Judgments:
– Affirmed: Serapio Sison’s death sentence.
– Reduced: Anastacio Defuntorum’s penalty to cadena perpetua (life imprisonment) due to his status as Sison’s servant (extenuating under Art. 11, Penal Code).
– Reversed: Jose de Venecia’s conviction (insufficient evidence of participation).

Disposition:
– Sison: Affirmed (death penalty).
– Defuntorum: Modified to life imprisonment.
– De Venecia: Acquitted.
– Costs allocated accordingly.

Concurring: Arellano, C.J., Torres, Carson, and Tracey, JJ.