G.R. No. L-11485; July 11, 1958
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO BACSA, defendant-appellant.

FACTS

On September 6, 1950, the body of Teodora Sese, 60, was found in a creek in Barrio Dolores, Tarlac, showing signs of violence. After investigation, an information was filed in May 1951 charging Marcelino Bacsa, Evaristo de los Santos, Pedro Gaspar, Ernesto Gaspar, and Martin Granil with robbery with homicide of Teodora Sese and multiple rape of Celestina Torres. In February 1952, after Gregorio Bacsa’s arrest, another information was filed charging him with the same offenses in conspiracy with the five previously named. A joint trial was held. The prosecution’s case relied heavily on the testimonies of Martin Granil and Marcelino Bacsa, who were discharged as state witnesses over defense objections. They testified that on the afternoon of September 3, 1950, Gregorio Bacsa, Evaristo de los Santos, Pedro Gaspar, and Ernesto Gaspar went to Teodora Sese’s store. When she refused to give them wine due to an unpaid debt, Gregorio Bacsa pointed a pistol at her. The group then took her and Celestina Torres from the house. Celestina Torres was raped by Gregorio Bacsa and others. Subsequently, Evaristo de los Santos and Gregorio Bacsa took Teodora Sese to a dry creek bed, where de los Santos beat her with wood and Gregorio Bacsa threw a big stone at her head, killing her. The group then took boxes containing wine from the house. The testimonies of Granil and Marcelino Bacsa were corroborated by Celestina Torres, eyewitness Vicente Figueroa, and medical evidence. Gregorio Bacsa presented an alibi, claiming he was at home, but failed to present corroborating witnesses. After the crime, he left his residence, sold his property, and concealed himself until his arrest in February 1952. The trial court found Gregorio Bacsa guilty of robbery with homicide and rape, sentencing him to life imprisonment and ordering him to pay P3,000 to the heirs of Teodora Sese. The other three accused (Pedro Gaspar, Ernesto Gaspar, and Evaristo de los Santos) were acquitted. Gregorio Bacsa appealed.

ISSUE

The main issues were: (1) the credibility and admissibility of the testimonies of the discharged co-defendants; (2) the sufficiency of the evidence to prove Gregorio Bacsa’s guilt beyond reasonable doubt for robbery with homicide and rape; and (3) the propriety of the penalties imposed.

RULING

The Supreme Court affirmed the conviction with modifications. It held that the testimonies of the discharged co-defendants, Martin Granil and Marcelino Bacsa, were admissible and credible. Their discharge was not irregular under Rule 115, Section 9, which does not prohibit discharging more than one co-defendant. Any error in their discharge did not invalidate their testimony. Their accounts, being near-relatives of the appellant (brother-in-law and brother, respectively), were deemed reliable absent serious family discord that would motivate false testimony. Their narratives were corroborated by Celestina Torres, an eyewitness, and medical evidence. Gregorio Bacsa’s unexplained flight and concealment after the crime were considered evidence of guilt. His alibi was weak and uncorroborated. The Court found him guilty of robbery with homicide, aggravated by dwelling and the age and sex of the victim, and rape. The rape was deemed to aggravate the robbery. Although these aggravating circumstances would typically call for the death penalty, the Court, lacking sufficient votes for capital punishment, affirmed the life imprisonment (reclusion perpetua). The Court additionally ordered Gregorio Bacsa to indemnify Celestina Torres in the sum of P1,000. Thus, the appealed decision was affirmed with modifications.