G.R. No. L-14583. December 28, 1963.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOROS USAB MOHAMAD @ KIRA SAHAD @ BIRA, ET AL., GONZALIN @ GONZALES and UBAY, defendants-appellants.

FACTS

The defendants-appellants, Gonzalin and Ubay, were charged with robbery in band with murder. The information alleged that on January 26, 1957, at Calabasa Landing Field in Basilan City, they, along with other armed confederates, conspired to ambush and rob Wilfredo de Leon, the paymaster of the American Rubber Plantation. The group, lying in wait near the airfield gate, attacked upon believing the payroll had been delivered. De Leon was shot and hacked to death, and cash, a wristwatch, and a revolver totaling P1,069.25 were taken from him. Co-accused Usab Mohamad pleaded guilty. Gonzalin and Ubay pleaded not guilty and were jointly tried.
The prosecution presented eyewitness Florentino Morales, the truck driver, who identified Gonzalin aiming a gun at De Leon and saw Ubay nearby in the bushes. Iluminada Salburo and her son, fishing nearby, later saw Gonzalin, Ubay, and Usab fleeing armed from the airport direction. Upon arrest, Gonzalin was found in possession of a pack of cigarettes and a notebook stained with human blood; De Leon’s widow identified the notebook as her husband’s. Usab initially gave extrajudicial statements implicating Gonzalin and Ubay and participated in a crime re-enactment depicting their roles, though he later recanted in court.

ISSUE

Whether the guilt of appellants Gonzalin and Ubay for the crime of robbery in band with murder was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found the testimonies of eyewitness Morales and the Salburos credible and sufficient. Morales had a clear view of Gonzalin aiming his gun at the victim before the attack, and his escape did not negate his ability to identify the assailants. The corroborative testimony of the Salburos, who saw the armed appellants fleeing from the crime scene, bolstered this identification.
The physical evidence was compelling. The blood-stained notebook found in Gonzalin’s possession, positively identified as belonging to the victim, constituted damning circumstantial evidence of his participation. His failure to provide any explanation for possessing these items further incriminated him. The existence of conspiracy was firmly established through the evidence of prior planning, the coordinated armed ambush, and the collective execution of the robbery and killing. The Court gave minimal weight to Usab’s court testimony exculpating the appellants, as it was a transparent recantation that contradicted his prior detailed affidavits and his voluntary participation in the official re-enactment of the crime, which visually confirmed the roles of Gonzalin and Ubay. All evidence, taken together, met the standard of proof beyond reasonable doubt.