GR 3002; (January, 1907) (Digest)
G.R. No. 3002
THE UNITED STATES, plaintiff‑appellee,
vs. VICTORIANO MANGUERA, et al., defendants‑appellants
FACTS
The United States prosecuted several individuals for the crime of brigandage in Cebu. The accused included Victoriano Manguera, identified as a chief of the band, and co‑accused Pedro Tapisan, Eufemio Alimento, Irineo Luang, Lucio Dingos (alias Spiala), Francisco Alingalan, Gaudencio Alingalan, and Mamerto Encabo. While the trial court found all defendants guilty, it sentenced Manguera to death and the others to imprisonment. During the appeal, Tapisan, Alimento, Luang, Dingos, the Alingalans and Encabo died, rendering the information against them moot. The prosecution’s case against Manguera for the murder of Irineo Sialana rested solely on the uncorroborated testimony of the victim’s widow, Tomasa Bañares, which was contradicted by evidence of Lucio Paquiao.
ISSUE
Whether the death penalty imposed on Victoriano Manguera was justified absent conclusive proof of his personal participation in the murder of Irineo Sialana, and how to dispose of the appeal concerning the co‑accused who died before judgment.
RULING
The Supreme Court held that the evidence did not sufficiently establish Manguera’s personal guilt for the murder, rendering the death sentence unsupported. The penalty was reduced to life imprisonment. The convictions of the remaining appellants were affirmed, but the information against the deceased appellants was dismissed with a proportional allocation of costs. The modified judgment was to be entered after ten days, and the case remanded to the lower court for implementation. Arellano, C.J., and the associate justices concurred.
