GR 43382; (August, 1935) (Digest)
G.R. No. 43382 ; August 30, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PASCUAL GALLEMOS, BERNABE PEÑAS, GREGORIO TOLEDANO and ESTEBAN TOLEDANO, defendants-appellants.
FACTS
On the night of September 30, 1934, spouses Remigio Bando and Cipriana Jimeno and their adopted son Conrado Canlas were brutally murdered and robbed in their isolated house in Jordan, Iloilo. Following an investigation, Pascual Gallemos, Bernabe Peñas, Gregorio Toledano, and Esteban Toledano were charged with robbery with homicide. The prosecution’s case relied heavily on the testimony of Demetrio Esmana, who claimed to have been present and witnessed the attack, and on evidence such as pawned jewels and clothing belonging to the victims found in the possession of the accused. The trial court convicted all four and sentenced them to reclusion perpetua. They appealed, and during the appeal, the Toledanos filed a motion for a new trial based on a new affidavit from Gallemos exonerating them.
ISSUE
Whether the trial court erred in convicting the appellants of the crime of robbery with homicide.
RULING
The Supreme Court affirmed the conviction of Pascual Gallemos, Gregorio Toledano, and Bernabe Peñas but acquitted Esteban Toledano due to reasonable doubt. The Court found the evidence sufficient to establish the guilt of the three appellants beyond reasonable doubt, based on Esmana’s testimony and corroborating physical evidence (e.g., clothing from the victim found with Gregorio Toledano’s wife). The Court noted the presence of aggravating circumstances (treachery, band, uninhabited place, dwelling of the offended parties) but, due to lack of unanimity on imposing the death penalty, imposed reclusion perpetua as the next lower penalty. The motion for a new trial was denied as Gallemos’s retraction was an extrajudicial statement admissible only against himself and did not outweigh the other evidence. The Court also directed further investigation into other potential participants, including Demetrio Esmana and Victorio Jimeno.
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