G.R. No. L-15631; May 27, 1966
PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. HERMOSO SINAON, defendant and appellant.

FACTS

On the night of July 18, 1958, around 7:00 p.m., four malefactors, including appellant Hermoso Sinaon and Jose Solatorio, broke into the house of Manuel Isogan in barrio Tacas, Jaro, Iloilo. Three entered via the balcony, and appellant entered through the kitchen. The intruders ordered the occupants (Manuel Isogan and his children Juan, Marcos, and Felisa) to lie down on the floor. Solatorio, armed with a carbine, demanded money from Manuel, who handed over P33.00. Appellant snatched this money from Manuel’s hand. Appellant then dragged Felisa Isogan to the balcony, and with the help of two companions, removed her pedal pusher and touched her private parts, attempting to abuse her. When Felisa escaped and complained to her father, Manuel instructed his sons to fight. During the ensuing struggle, Solatorio shot and wounded Marcos Isogan in the left arm and Rogelio Gregory in the stomach; Bonifacio Galas was also wounded. Marcos disarmed Solatorio. Solatorio fled but was overtaken by Juan Isogan, who killed him in a subsequent fight. Rogelio Gregory died two days later from his wounds. Appellant and the other companions escaped. Appellant was arrested on July 25, 1959, and was identified by Juan and Felisa Isogan as one of the perpetrators. Appellant’s defense was alibi, claiming he was in Zarraga, Iloilo, about 13 kilometers away, delivering and selling tuba until 8:00 p.m. on July 18, and then sleeping at his grandmother’s house. This alibi was corroborated by his mother and two other witnesses.

ISSUE

The primary issue involves the credibility of witnesses, specifically whether the trial court correctly rejected appellant’s alibi and accepted the prosecution witnesses’ positive identification of him as one of the perpetrators of the robbery with homicide and physical injuries.

RULING

The Supreme Court affirmed the decision of the trial court, convicting appellant Hermoso Sinaon of the crime of robbery with homicide and physical injuries. The Court found the appellant’s alibi weak and unconvincing, and upheld the trial court’s assessment of the witnesses’ credibility. The positive identification of appellant by the victims (Juan, Marcos, and Felisa Isogan), who had the opportunity to see him during the incident, was deemed decisive. The crime was aggravated by the circumstances of nocturnity, dwelling, and superior strength. The penalty imposed was reclusion perpetua, as the maximum penalty of death could not be imposed due to lack of the required number of votes. Appellant was also ordered to indemnify the heirs of Rogelio Gregory in the sum of P6,000.00 and Marcos Isogan in the sum of P130.90, and to pay the costs.