GR 41676; (October, 1934) (Digest)
G.R. No. 41676 ; October 1, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MANUEL BORROMEO, ET AL., defendants. MANUEL BORROMEO and ALFONSO ORTEGA, appellants.
FACTS
Manuel Borromeo, Alfonso Ortega, and Alberto Mallari were charged with robbery in an inhabited house for breaking into the store of Chua To in Manila on December 20, 1933, and stealing cash and merchandise valued at P31.01. The case against Mallari was provisionally dismissed as he could not be found. Borromeo and Ortega pleaded not guilty. During police investigation, both admitted participation. At trial, Borromeo denied involvement and his admission. Ortega, testifying for the defense, implicated Borromeo, stating Borromeo and Mallari forced him to participate by threatening him with a dagger. The trial court convicted Borromeo, applying the aggravating circumstance of nocturnity and sentencing him as a habitual delinquent due to prior convictions. Ortega, a minor, was given a suspended sentence and ordered confined in the Philippine Training School for Boys.
ISSUE
1. Whether the evidence is sufficient to establish the guilt of appellant Manuel Borromeo beyond reasonable doubt.
2. Whether the testimony of co-defendant Alfonso Ortega is admissible as evidence against Borromeo.
RULING
1. Yes. The guilt of Borromeo was proved beyond reasonable doubt. His extrajudicial admission to policeman Buenaventura, where he detailed his participation using his dagger to break the wall, was credible. Furthermore, Ortega’s testimony at trial corroborated Borromeo’s involvement.
2. Yes. Ortega’s testimony on the witness stand, though from a co-defendant, is admissible as evidence against Borromeo. While his prior extrajudicial statements were not admissible against Borromeo, his in-court testimony becomes part of the evidence for the court to consider, notwithstanding its source. The court modified the civil liability, making Borromeo jointly and severally liable for the full amount of P31.01, and clarified Ortega’s confinement until majority. The decision was affirmed with these modifications.
AI Generated by Armztrong.