GR L 1701; (December, 1948) (Digest)
G.R. No. L-1701. December 22, 1948.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PABLO ESQUIVEL AND AMADO DIZON (Alias AMADO BASCO), defendants-appellants.
FACTS
On July 28, 1946, two jeepney drivers were hired in Manila by a group of men, purportedly to transport rice from San Miguel, Bulacan. Instead, they were forced to proceed to San Isidro, Nueva Ecija. There, their hands were bound, they were taken to a thicket, murdered, and their bodies thrown into a river. The jeeps were sold the next day. Among the multiple perpetrators, only five were arrested. Two, Gorgonio Rivera and Simplicio Navarro, turned state’s evidence. Three—Amado Dizon (alias Basco), Ben Pascual, and Pablo Esquivel—were tried for robbery with double homicide. Pascual did not appeal. Dizon and Esquivel appealed, raising alibi as their defense. The prosecution’s case relied heavily on the testimonies of the state witnesses, Rivera and Navarro, and on confessions signed by the accused, which they later repudiated as having been extracted through violence.
ISSUE
Whether the evidence presented by the prosecution is sufficient to convict appellants Pablo Esquivel and Amado Dizon of the crime of robbery with double homicide.
RULING
1. As to Pablo Esquivel: The evidence is insufficient. Apart from his repudiated confession, the only evidence against him was Navarro’s testimony placing him at a house in San Isidro and Rivera’s testimony that he suggested killing the drivers. These accounts were inconsistent and lacked corroborating details. The Court found the prosecution’s presentation of evidence against Esquivel to be “slipshod,” leaving reasonable doubt about his participation in the criminal conspiracy. His conviction is reversed.
2. As to Amado Dizon (Basco): The evidence is sufficient. The testimonies of Rivera and Navarro, despite minor contradictions, were consistent and categorical in detailing Dizon’s active participation: he helped plan the robbery, went to Manila to hire the jeeps, ordered the drivers tied, and was among those who killed them. The trial court’s finding of guilt is affirmed.
The Court modified the civil indemnity, increasing it to P6,000 for each set of heirs of the deceased drivers.
AI Generated by Armztrong.