G.R. No. L-1620; January 26, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUPERTO ARANGUREN, defendant-appellant.

FACTS

On the night of November 6, 1946, three armed intruders entered the house of Gaudencio Pere and Angelina Hernandez in San Pablo City, pretending to be authorities. Two entered the dining room, while the third, identified as Ruperto Aranguren, remained on the balcony. Gaudencio was taken downstairs and guarded near a coconut tree. Inside, Angelina was forced to open a money container. A gunshot was heard, causing the intruders to flee without taking any money. Magno Correa, a neighbor, was found fatally wounded nearby. Before dying, Magno identified his assailant as “Perto,” Aranguren’s nickname in the barrio. Angelina and Gaudencio testified that Aranguren was near the banana plants where Magno was shot. The defense presented witnesses, including Aranguren’s stepfather (the barrio lieutenant), who claimed that both Gaudencio and the dying Magno initially stated they could not identify the robbers or the shooter. The defense also attempted to present an alibi, which was not pursued.

ISSUE

Whether the accused, Ruperto Aranguren, is guilty of the complex crime of robbery with homicide.

RULING

Yes, the Supreme Court affirmed the conviction for the complex crime of robbery with homicide, with modification. The Court found the testimonies of the prosecution witnesses credible and sufficient to establish Aranguren’s participation in the robbery and the killing. The dying declaration of Magno Correa, corroborated by the spouses’ testimonies placing Aranguren at the scene, was deemed credible. The defense’s claims of unreliable identification and alibi were rejected. The penalty of reclusion perpetua was affirmed, but the indemnity to the heirs of Magno Correa was increased from P2,000 to P6,000. One justice dissented on the homicide aspect, believing the evidence only proved robbery, but concurred with the majority’s final disposition.

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