G.R. No. L-13467; September 30, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN NECESITO and JUSTINO NECESITO, defendants-appellants.

FACTS

On the evening of December 30, 1956, Filemon de los Santos and his wife Crisanta Marigmen were in their house in Barrio Bagto, Baler, Quezon, with their daughters and visitors Juanito Rogayan and his wife. At around 11:30 p.m., Crisanta and Filemon heard voices near their house and then from their kitchen. Filemon went to the door connecting the sala and the kitchen. Crisanta saw appellant Juan Necesito fire three shots at Filemon with a long gun, causing Filemon to fall. Crisanta recognized Juan by the light of a kerosene lamp. Juan then walked angrily in the hall with a flashlight before Crisanta fled to another room. Juanito Rogayan testified that while sleeping in the kitchen-dining room, he was awakened by appellant Justino Necesito tying his hands with twine (“lapnit”), assisted by Juan. After hearing shots, he hid under the table and saw both appellants leave. The Chief of Police, informed by Crisanta and Juanito, investigated and obtained a sworn statement (Exhibit “E”) from Justino on January 1, 1957, wherein Justino admitted that he and Juan went to the house, he tied Rogayan’s hands on Juan’s orders, and Juan shot Filemon three times. The autopsy confirmed Filemon died from a gunshot wound. Evidence of motive was presented: on December 19, 1956, copra stolen from a tenant of Gervasio Suaverdes was found near carabaos belonging to Juan and Andres Necesito, and Filemon had advised reporting this theft. Witness Santos Feria testified that on December 22, Justino warned that Filemon should beware as Juan and companions were angry with him. At trial, both appellants denied the charges. Justino claimed his confession was coerced through beatings, but the prosecution presented witnesses, including the interpreter and Chief of Police, who testified the confession was voluntary. Juan presented an alibi, claiming he was at home making “suman” with friends until midnight.

ISSUE

Whether the appellants, Juan Necesito and Justino Necesito, are guilty of the crime of murder.

RULING

Yes, the appellants are guilty of murder. The Supreme Court affirmed the judgment of the Court of First Instance of Quezon convicting them and sentencing each to reclusion perpetua. The Court found the positive identification by eyewitnesses Crisanta Marigmen and Juanito Rogayan to be credible and sufficient to establish guilt, regardless of whether motive was fully proved. The trial court’s rejection of Juan’s alibi as improbable was upheld. Justino’s extrajudicial confession (Exhibit “E”) was deemed voluntary and corroborated by other evidence. The crime was committed with treachery (alevosia) as the attack was sudden and unexpected. The aggravating circumstances of nocturnity and dwelling were present, but the mitigating circumstance of lack of instruction was not applicable as the appellants were from Pangasinan, where literacy is high. Considering these circumstances, the penalty should be imposed in the maximum degree. However, for lack of sufficient votes for the death penalty, the penalty of reclusion perpetua was imposed. The Court also affirmed the order for the appellants to indemnify jointly and severally the heirs of Filemon de los Santos in the sum of P4,000.00 and to pay costs.