GR 4417; (September, 1908) (Digest)
THE UNITED STATES, plaintiff-appellee, vs. ALEJANDRO QUIJANO, ET AL., defendants-appellants.
September 29, 1908
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FACTS:
On the night of January 17, 1907, the house of Manuel Boydon and Josefa Flores in Jaen, San Antonio, Nueva Ecija, was assaulted by twelve armed individuals (six entered the house, six remained outside). Through intimidation and threats of death, they robbed the couple of P9.40. Upon leaving, the thieves dragged Josefa Flores a distance, demanding an additional P10, but she escaped and met her husband and other residents. Shots were fired by the culprits both at the beginning and end of the assault.
The provincial fiscal charged six individuals and others unknown with robbery en cuadrilla. The trial court convicted all five accused (Alejandro Quijano, Cipriano Candelaria, Sotero Quitalig, Mamerto Garcia, and Agustin Macaspac) to ten years of presidio mayor, accessory penalties, and jointly and severally pay P9.40 indemnity. The accused appealed.
Josefa Flores identified Alejandro Quijano, Cipriano Candelaria, and Sotero Quitalig as among the assailants, although she initially feared reporting their names. Her husband, Manuel Boydon, confirmed knowing Quijano and recognizing the voices of Candelaria and Quitalig. For Mamerto Garcia and Agustin Macaspac, Flores’ identification was isolated and uncorroborated. It was noted that Candelaria was a recidivist (for theft) and Quitalig had previously been prosecuted for robbery. A motion for new trial filed by Sotero Quitalig’s counsel was denied by the Court.
ISSUE:
1. Whether the evidence was sufficient to establish the guilt of all the accused for the crime of robbery en cuadrilla beyond reasonable doubt.
2. Whether the aggravating circumstances of nocturnity, dwelling, and recidivism were properly considered in imposing the penalty.
3. Whether the motion for a new trial was properly denied.
RULING:
The Supreme Court AFFIRMED IN PART and REVERSED IN PART the lower court’s judgment.
1. The Court found Alejandro Quijano, Cipriano Candelaria, and Sotero Quitalig guilty as principals by direct participation in the crime of robbery en cuadrilla. Their guilt was sufficiently proven by the testimony of Josefa Flores, corroborated by her husband Manuel Boydon, who identified Quijano and recognized the voices of Candelaria and Quitalig.
2. The Court considered the aggravating circumstances of (1) the crime being committed at night, (2) in the dwelling of the aggrieved parties, and (3) recidivism for Cipriano Candelaria. These circumstances necessitated the imposition of the penalty in its maximum degree. Accordingly, Alejandro Quijano, Cipriano Candelaria, and Sotero Quitalig were sentenced to ten years of presidio mayor, to suffer the accessory penalties, and to jointly and severally indemnify the injured parties in the sum of P9.40, without subsidiary imprisonment in case of insolvency.
3. Mamerto Garcia and Agustin Macaspac were ACQUITTED due to insufficient evidence. The Court ruled that Josefa Flores’ isolated statement of identification, without corroboration, was not sufficient to overcome the presumption of innocence and establish their culpability beyond reasonable doubt.
4. The motion for a new trial filed by counsel for Sotero Quitalig was DENIED as it did not comply with the provisions of Section 42 of General Orders, No. 58, and the requisites set forth in U.S. vs. Luzon, and would not have altered the outcome of the proceedings.