GR L 2434; (March, 1950) (Digest)
G.R. No. L-2434. March 25, 1950.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MACABANTUG RANGON ET AL., defendants. MACABANTUG RANGON, appellant.
FACTS
In the early morning of October 4, 1946, in Kawit, Iligan, Lanao, a group of about ten men attacked the house of Marcelino Paglinawan. The assailants fired shots into the house, killing Paglinawan’s son Sofronio and wounding Paglinawan, his daughter Angeles, and Matilde Tabanao. Paglinawan, although wounded, fought back with a bolo and wounded at least two of the intruders. Paglinawan identified appellant Macabantug Rangon as one of the assailants, recognizing him by moonlight and flashlight, having known him for years. Matilde Tabanao also positively identified Rangon inside the house when a flashlight was shone. Rangon offered no evidence to refute the prosecution’s case.
ISSUE
Whether the identity of appellant Macabantug Rangon as one of the perpetrators of the crimes was established beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the appellant’s conviction. The positive identification by two eyewitnesses, Marcelino Paglinawan and Matilde Tabanao, under conditions of moonlight and artificial light, and their prior familiarity with the appellant, established his identity beyond reasonable doubt. The appellant’s failure to present evidence bolstered the prosecution’s case. The killing of Sofronio Paglinawan constituted murder qualified by treachery. Due to the lack of the required votes for the death penalty, the penalty was reduced to reclusion perpetua. Separate penalties were also imposed for the physical injuries inflicted on Marcelino Paglinawan, Angeles Paglinawan, and Matilde Tabanao. The appealed judgment was modified accordingly.
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