G.R. No. L-11923; September 18, 1959
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO BARROSO, et al., defendants. FLORENTINO CASONITE, defendant-appellant.

FACTS

On November 15, 1954, shortly after midnight, the house of Valeriano Mandique in Punta, Jalajala, Rizal, was robbed by a group of about nine to ten men. Valeriano Mandique was awakened by two men, one of whom he identified as Leonardo Barroso, who demanded money at gunpoint. The robbers ransacked the house and a nearby store, taking cash and valuables totaling P2,300. Upon being alerted, Sergeant Pedro Jakosalem and his soldiers proceeded to the scene. An encounter ensued between the soldiers and the robbers, resulting in an exchange of gunfire. During this encounter, Pfc. Crispin Merin was shot and killed, and one of the robbers, Juan Liquido, was also killed. Sgt. Jakosalem testified that he saw appellant Florentino Casonite emerge from behind the store during the shooting, armed with a .45 caliber pistol, which he fired at the soldiers more than once. Jakosalem claimed he recognized Casonite clearly by the light of the moon and a petromax lamp from the store. Originally, four individuals (Leonardo Barroso, Florentino Casonite, Filemon Figuracion, and Marcos Quimio) were charged with robbery in band with homicide. The case against Figuracion and Quimio was dismissed for lack of evidence after the prosecution rested. The trial court convicted Barroso and Casonite of robbery with homicide and sentenced them to reclusion perpetua, with indemnities. Barroso initially appealed but later withdrew his appeal. Casonite appealed, denying participation and setting up an alibi, which the trial court found unfounded. Casonite also repudiated a sworn confession (Exhibit B) he had given during the PC investigation, claiming it was made under duress.

ISSUE

Whether the trial court erred in convicting appellant Florentino Casonite of the crime of robbery with homicide based on the evidence presented.

RULING

The Supreme Court affirmed the trial court’s decision, finding appellant Florentino Casonite guilty of robbery with homicide. The Court held that Casonite’s presence and participation in the crime were sufficiently established. It gave credence to the positive identification by Sgt. Pedro Jakosalem, who saw Casonite fire a .45 caliber pistol at the soldiers during the encounter. The Court found Jakosalem’s testimony credible, as the identification was made under adequate lighting from the moon and a petromax lamp. The Court also rejected Casonite’s defense of alibi, agreeing with the trial court’s analysis that it was insufficient to overcome the prosecution’s evidence. Furthermore, the Court upheld the voluntariness of Casonite’s sworn confession (Exhibit B), noting the lack of evidence of coercion or maltreatment and the fact that he swore to it before a Justice of the Peace without reporting any alleged ill-treatment. The withdrawal of the appeal by his co-accused Barroso, who had also made a confession, was also noted. Consequently, the conviction and sentence were affirmed.