GR L 30612; (May, 1983) (Digest)
G.R. No. L-30612 May 3, 1983
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO ALISON, et al., defendants-appellants.
FACTS
The appellants, along with others, were convicted for the complex crime of robbery in band with double murder and attempted murder. The prosecution evidence established that on March 17, 1966, the group planned to rob Juanito Uy in San Narciso, Quezon. Valeriano Jimenez, who became a state witness, guided them. The plan designated Aquino Alvarez, Enrico Cabatingan, Juanito Alerta, and Pablo Mendoza to enter Uy’s house, while others, including Romulo Cabatingan and Pedro Galupo, formed an armed cordon outside. Galupo remained guarding their boat.
Upon entering, the armed group discovered Philippine Constabulary soldiers sleeping in the house. Despite initially posing as PC officers, Alvarez, Cabatingan, Alerta, and Mendoza opened fire, killing Sgt. Gregorio Calnea and Cpl. Alfredo Llantino, and wounding Lt. Plaridel Abaya. They then hogtied Uy and Abaya, robbed Uy’s safe and belongings, and escaped. Several appellants withdrew their appeals or died during the pendency, leaving six active appellants.
ISSUE
Whether the trial court correctly convicted all appellants for the complex crime of robbery in band with double murder and attempted murder.
RULING
The Supreme Court affirmed the convictions but modified the penalties based on individual participation. The Court upheld the trial court’s assessment of witness credibility, particularly the state witness Jimenez, finding no reason to overturn it. The defense of alibi was correctly rejected as weak and unsubstantiated.
However, the Court differentiated the criminal liability of the appellants. For Aquino Alvarez, Enrico Cabatingan, Juanito Alerta, and Pablo Mendoza, who directly perpetrated the killings during the robbery, the complex crime was properly applied. Due to the lack of necessary votes for the death penalty, their sentences were reduced to reclusion perpetua. For Romulo Cabatingan and Pedro Galupo, who were outside the house and unaware of the sudden killings, the complex crime was inapplicable. Their liability was limited to the crime of robbery in band, aggravated by nighttime and evident premeditation. They were sentenced to an indeterminate penalty of seven years, four months, and one day of prision mayor as minimum, to ten years as maximum. The civil liabilities imposed by the trial court were affirmed.