GR L 2118; (December, 1948) (Digest)
G.R. No. L-2118 December 16, 1948
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. FLORENCIO BARRERA, defendant-appellant.
FACTS
The accused-appellant, Florencio Barrera, was convicted by the Court of First Instance of Rizal for the crime of robbery with homicide and sentenced to reclusion perpetua. He was ordered to indemnify the heirs of the deceased Uy Siok and the robbery victim, Kang See. The case stemmed from an incident on November 22, 1945, in Tanay, Rizal, where three unknown assailants entered the house of Uy Siok. Uy Siok was found dead, and Kang See was robbed of P75. Initially, Kang See reported to the police that the robbers were unknown. Barrera was later arrested as a suspect. During the investigation by military police, Kang See stated in a sworn statement that he did not see the assailant’s face because it was dark and he was unsure of the identity, though the assailant had a similar build to Barrera. However, during the trial, Kang See gave a different version, claiming he recognized Barrera by his voice and by moonlight coming through a window.
ISSUE
Whether the prosecution’s evidence proved the guilt of the accused-appellant beyond a reasonable doubt.
RULING
No. The Supreme Court reversed the conviction and acquitted the accused. The Court found the testimony of the principal witness, Kang See, to be unreliable and inconsistent. His trial testimony identifying the appellant was incompatible with his earlier statements to the police and the military investigator immediately after the incident, where he stated the assailants were unknown and he could not see their faces due to darkness. The Court held that the earlier statements, being fresher and more spontaneous, were presumed to be more expressive of the truth. The weakness of the defense of alibi does not strengthen the prosecution’s evidence, which must stand on its own. The evidence failed to establish guilt beyond a reasonable doubt.
AI Generated by Armztrong.
