G.R. No. L-12916; May 25, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELECIO AQUIDADO, ET AL., defendants-appellants.

FACTS

Melecio Aquidado, Carlos Hervas, and Emilio Alinsangan were charged with attempted robbery with homicide. The Court of First Instance of Iloilo found them guilty, with aggravating circumstances of treachery, nocturnity, and superior strength, and sentenced each to reclusion perpetua, indemnity, and costs. Only Alinsangan’s appeal proceeded after Hervas withdrew his appeal and Aquidado’s appeal was dismissed due to his escape.
On April 12, 1956, at about 8:00 p.m., in barrio Abangabang, Alimodian, Iloilo, three men (identified as the accused) entered the house of spouses Felix and Florentina Alpuerto. The house was lit by two kerosene lamps. Hervas grabbed Felix and demanded money. Alinsangan pointed a gun at Florentina, warning her not to move. Aquidado then tied Felix and ordered his companions to kill him. Hervas and Alinsangan fired their weapons, killing Felix instantly.
Following an investigation by Philippine Constabulary Captain Carlos Jalandoni, all three accused were arrested. Aquidado and Hervas gave statements implicating themselves and Alinsangan. Alinsangan also gave a sworn confession before the Clerk of Court of Iloilo. The defense of appellant Alinsangan was alibi, supported by the testimony of Crispulo Buglosa, who claimed to have been with Alinsangan from 6:00 a.m. to 8:00 p.m. on the day of the crime, and that Alinsangan’s house was about eight kilometers from the crime scene.

ISSUE

Whether the conviction of appellant Emilio Alinsangan for attempted robbery with homicide is proper based on the evidence presented.

RULING

Yes, the conviction is affirmed. The court found the testimony of the widow, Florentina Alpuerto, credible and consistent. She positively identified the three accused under sufficient lighting and had no motive to falsely accuse them. Her testimony was substantially corroborated by the voluntary sworn confessions of Alinsangan and his co-accused. The claim that Alinsangan’s confession was obtained through violence was unsupported by the record, and he did not take the witness stand to substantiate this claim or his alibi. The alibi defense, based solely on Buglosa’s testimony which did not account for Alinsangan’s whereabouts after 8:00 p.m., was weak and could not prevail over the positive identification and confession. The crime committed is attempted robbery with homicide under Article 297 of the Revised Penal Code, with the aggravating circumstances of treachery and dwelling (nocturnity was not reiterated in the final ruling). The penalty of reclusion perpetua imposed by the trial court is correct.