G.R. No. 34448; August 20, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ROMARICO PARCON, ET AL., defendants. ROMARICO PARCON, appellant.

FACTS

Romarico Parcon, Felix Viril, Jose Verdun, and Inocencio Bual visited Petra Febrero’s house on the night of July 12, 1930, where they drank tuba and ginger ale. Later, Viril retired to rest alone in the house of Fruto Japay. In the early morning, Emeterio Degran saw Parcon and Verdun hurriedly leaving that house, armed with cudgels, and Parcon threatened Degran not to reveal seeing them. The next day, Viril was found dead in the house from a blow to the head. Parcon and Verdun were charged with murder. At trial, Verdun testified for the prosecution, stating that Parcon went up alone into the house while he remained on the steps, after which he heard a blow. The trial court acquitted Verdun but convicted Parcon of homicide.

ISSUE

Whether the trial court erred in convicting Parcon based on the testimony of his co-defendant, Jose Verdun, and whether such testimony was sufficiently corroborated.

RULING

No, the trial court did not err. The testimony of Verdun, though from an accomplice, was adequately corroborated by the testimony of Emeterio Degran, who placed Parcon and Verdun together at the scene of the crime near the time of its commission. The court held that the use of a co-defendant as a witness for the prosecution is permissible under Act No. 2709 when the co-defendant voluntarily testifies, as established in prior jurisprudence. The conviction of Parcon for homicide was affirmed.

AI Generated by Armztrong.