G.R. No. L-46144; April 5, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO CINCO, et al., defendants.

FACTS

The appellants, along with another accused (Iluminado Berio who did not appeal), were convicted by the Court of First Instance of Leyte for the crime of robbery in band with homicide. The victim was 90-year-old Valentin Santo. On the night of February 2, 1938, eight accused forcibly entered the house of Valentin Santo. One group assaulted and strangled the old man to take fifty pesos from his belt, while another group looted the house. Valentin Santo died three days later from brain concussion due to blows on the head. The prosecution presented eyewitness testimony from Fausto Toreno, a home-companion in the house, and corroborating testimonies from neighbors who saw the accused near the scene. The defense relied on alibis supported by friends and relatives.

ISSUE

Whether the trial court correctly convicted the appellants of the crime of robbery in band with homicide.

RULING

Yes, the conviction is affirmed. The Supreme Court found the evidence for the prosecution, particularly the clear and convincing testimonies of eyewitnesses, to be overwhelming and sufficient to establish the guilt of the appellants beyond reasonable doubt. The defense of alibi, being weak and uncorroborated by disinterested witnesses, could not prevail. The crime committed is robbery in band with homicide under Article 294(2) of the Revised Penal Code, punishable by reclusion perpetua to death. Although several aggravating circumstances were present, the Court, due to its inability to reach a unanimous verdict for the death penalty, affirmed the lower court’s imposition of reclusion perpetua.

AI Generated by Armztrong.