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, armed men robbed the house of Valeriano Mandique in Punta, Jalajala, Rizal. Valeriano Mandique was awakened by two men, one of whom he identified as Leonardo Barroso, who demanded money at gunpoint. The robbers, numbering about nine or ten, ransacked the house and a nearby store, taking cash and valuables totaling P2,300. Alerted to the robbery, Sergeant Pedro Jakosalem and soldiers from the 14th BCT proceeded to the scene. An encounter ensued between the soldiers and the robbers. During the exchange of gunfire, which lasted about 15 minutes, Pfc. Crispin Merin was shot dead 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, carrying and firing a .45 caliber pistol at the soldiers. Jakosalem identified Casonite clearly by the light of the moon and a petromax lamp from the store. Casonite, along with Barroso, Filemon Figuracion, and Marcos Quimio, was charged with robbery in band with homicide. The case against Figuracion and Quimio was dismissed for lack of evidence. 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 defense, which the trial court found unfounded. Casonite also repudiated a sworn confession (Exhibit B) he had given to the PC, 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

No, the trial court did not err. The Supreme Court affirmed the conviction. The Court found that Casonite’s presence and participation in the crime were sufficiently established. The positive identification by Sgt. Jakosalem, who saw Casonite fire a .45 caliber pistol at the soldiers during the encounter, was credible and reliable, made under adequate lighting conditions. The Court also upheld the voluntariness of Casonite’s sworn confession (Exhibit B), noting the lack of evidence of coercion and his failure to report any alleged maltreatment to the Justice of the Peace before whom he swore to the statement. The defense of alibi was properly rejected by the trial court as insufficient to overcome the positive identification. The withdrawal of the appeal by his co-defendant Barroso, who had also made a confession, further supported the finding of guilt. Therefore, the decision of the trial court finding Florentino Casonite guilty of robbery with homicide and sentencing him to reclusion perpetua was affirmed.