G.R. No. 38527 , 38528. November 18, 1933.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. BASILIO BACCAY and BELLO ZIPAGAN, defendants. BELLO ZIPAGAN, appellant.

FACTS

Accused Basilio Baccay and Bello Zipagan were charged with homicide for shooting and killing a boy, Luciano Tabingu, and with illegal possession of a firearm. After trial, the Court of First Instance found Bello Zipagan guilty as principal and Basilio Baccay as accomplice in the homicide, and both guilty of illegal possession. Bello Zipagan appealed, arguing the trial court erred in crediting the uncorroborated testimony of his co-accused Baccay, who was allegedly the real killer, and in not giving credence to the defense evidence, including the recanted testimonies of the victim’s father and brother.

ISSUE

Whether the conviction of appellant Bello Zipagan, based primarily on the testimony of his co-accused accomplice, is valid despite alleged inconsistencies and lack of corroboration.

RULING

Yes. The conviction is affirmed. The testimony of an accomplice, though from a “polluted source” and subject to careful scrutiny, is admissible and can be sufficient to sustain a conviction even if uncorroborated, provided it is credible. Here, the trial court’s findings were not based solely on Baccay’s testimony; other evidence supported the conclusion. The recantations by the victim’s relatives were deemed unreliable and likely the result of tampering. The mitigating circumstance of not having intended to commit so grave a wrong was properly appreciated, as the appellant, using a shotgun with small shot while bird hunting, fired at the victim from a distance of 40 meters after a trivial altercation, indicating no intent to kill.

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