G.R. No. L-18211; April 30, 1965
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAYMUNDO MARANAN, AGAPITO TORANO, and DOMINADOR GALARIO, defendants-appellants.

FACTS

On December 5, 1959, at about 8:00 p.m., Tan Hoc and Tan Guat were inside a bakery and grocery store in San Vicente, Calapan, Oriental Mindoro. A man knocked, handed Tan Hoc P0.20 to buy cigarettes, and then pointed a “balisong” knife at him. This man was accompanied by three others, later identified as appellants Raymundo Maranan, Dominador Galario, and Agapito Torano, who were armed with knives and pistols. The malefactors entered, tied the hands of Tan Hoc and Tan Guat behind their backs, tied them to a table leg, ransacked the store for money, and then blindfolded and gagged them. One malefactor suggested, “Let us finish them because they know us.” Tan Hoc heard Tan Guat moan and then lost consciousness after receiving blows to his head. Tan Guat was found dead with multiple wounds. Tan Hoc sustained serious injuries requiring 45 days of hospitalization. Cash and items totaling P5,656.70 were stolen. A witness, Porfirio Macatangay, saw appellants loitering near the store earlier that evening. Appellants Maranan and Torano executed affidavits on December 9, 1959, admitting participation. Galario executed a similar affidavit on December 11, admitted stabbing Tan Guat, and led police to his hidden share of the loot (P54). Appellants also reenacted the crime at the scene on December 8 or 9. At trial, each appellant presented an alibi, which the lower court rejected.

ISSUE

The main issue raised on appeal is whether the lower court erred in not sustaining the respective alibis of the appellants. A subsidiary issue is whether the appellants committed one or two crimes.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The alibis of all appellants were correctly rejected by the lower court as untenable and not credible, especially in light of the positive identification by Tan Hoc, the corroborating testimony of Porfirio Macatangay, the appellants’ own extrajudicial confessions, the reenactment, and Galario’s act of leading police to the loot. The Court agreed with appellants Maranan and Galario that only one crime was committed—robbery in band with homicide under Article 294(1) of the Revised Penal Code—not two separate crimes as held by the lower court. Considering the aggravating circumstances of nighttime, dwelling, and aid of armed men (and recidivism for Maranan), the maximum penalty of death was imposed. The indeterminate sentence for physical injuries was eliminated, and the judgment was affirmed in all other respects, including the indemnities.