G.R. No. L-4838; March 28, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX DACANAY, ET AL., defendants. FELIX DACANAY, PABLO ARREOLA, PASCUAL ARREOLA and CIPRIANO ROSARIO, defendants-appellants.

FACTS

On the night of March 20, 1948, in Barrio Salvacion, Lupao, Nueva Ecija, the houses of Ricardo Bacolor and Felipe Bacolor (located five meters apart) were robbed. In Ricardo’s house, Josefina Lictawa (Ricardo’s wife) was breastfeeding her eight-month-old child Florida when Felix Dacanay entered, put out the lamp, and gunshots were fired. After the malefactors left, Josefina found her husband Ricardo and child Florida dead from head wounds; another daughter was wounded, and Josefina suffered gunshot wounds. Earrings, a ring (valued at P84), and two suits were taken. Almost simultaneously, in Felipe’s house, Rufino Maraña went up and told Felipe to go down, after which gunshots were fired, malefactors took two suits and P35, and Felipe was found dead with a gunshot wound. The accused were charged with robbery with triple homicide. Rufino Maraña and Antonio Bacudo initially pleaded guilty, but Maraña’s plea was withdrawn after he testified he acted under duress; Bacudo died pending judgment. After trial, Felix Dacanay, Pablo Arreola, Pascual Arreola, and Cipriano Rosario were found guilty and sentenced to reclusion perpetua, with indemnities. They appealed, disputing their participation.

ISSUE

Whether there is sufficient evidence to prove the appellants’ participation in the crimes of robbery with triple homicide.

RULING

Yes, the evidence is sufficient. The trial court’s finding of guilt is supported by: (1) the positive testimony of Josefina Lictawa identifying Felix Dacanay as the one who entered her house and put out the light; (2) the testimony of Rufino Maraña implicating all appellants; and (3) the corroborating extra-judicial sworn statements (Exhibits A and B) of Felix Dacanay and Pablo Arreola. The appellants’ defenses of alibi, corroborated by relatives, cannot outweigh this positive evidence. Conspiracy is established by their common purpose and concerted action in going together to commit the robbery, making each responsible for the resulting killings. The crimes constitute two separate acts of robbery with homicide—one for each house. The mitigating circumstance of lack of intent to kill due to the act of putting out the light (which made shooting difficult) is present but is offset by the aggravating circumstances of nighttime and dwelling. Due to insufficient votes for the death penalty, the penalty imposed is reclusion perpetua for each crime, to be served following Article 70 of the Revised Penal Code (not exceeding 30 years). The appellants are ordered to pay indemnities jointly and severally: P84 for the robbery in Josefina’s house, P35 for the robbery in Rosalia Garcia’s (Felipe’s wife) house, P12,000 to the heirs of Ricardo and Florida Bacolor, and P6,000 to the heirs of Felipe Bacolor.