GR 975; (January, 1903) (Digest)
G.R. No. 975 : January 29, 1903
THE UNITED STATES, complainant-appellee, vs. IGNACIO DACOTAN, ET AL., defendants-appellants.
FACTS:
The defendants, Ignacio Dacotan et al., were convicted of robbery. The conviction was based on the testimony of a single witness, the complaining victim. The trial court sentenced the defendants to twelve years and one day of imprisonment.
ISSUE:
1. Whether a conviction can be sustained based solely on the testimony of one witness.
2. Whether the penalty imposed by the trial court is correct.
RULING:
1. Yes. The Supreme Court held that a person can be convicted upon the testimony of a single witness, provided the court is satisfied beyond a reasonable doubt of the truthfulness of such testimony. The Court found the evidence in this case sufficient to sustain the conviction.
2. No. The Supreme Court modified the penalty. The offense was classified under Article 503, No. 5, of the Penal Code, which prescribes a maximum penalty of ten years. The Court found no aggravating or mitigating circumstances. The trial court erroneously considered the aggravating circumstance of abuse of confidence, as the act of inviting the victim into a house to rob him by force in the middle of the day did not constitute such abuse any more than an invitation to a secluded place would. With no circumstances modifying criminal liability, the penalty should be imposed in its medium degree.
The Court imposed the corrected penalty of three years, eight months, and one day of presidio correccional. The defendants were also ordered to indemnify the victim 27 pesos (Mexican) and to return two undershirts or pay their value as fixed by experts, with subsidiary imprisonment in case of insolvency, and to pay the costs of both instances.
