G.R. No. L-5190-93; April 29, 1953
The People of the Philippines, plaintiff-appellee, vs. Emilio Baysa, Catalino Pascua alias Cornelio Pascua, Juan Pascua, Roosevelt Cabuling alias Ross Cabuling, Macario Fajardo and Macario Domingo, defendants-appellants.

FACTS

The appellants were prosecuted under four separate informations: one for murder and three for robbery in band. The cases were consolidated for trial. The proven facts are that on September 7, 1948, at about 1:00 a.m., four armed men broke into the house of Roberto Balas in Barrio del Pilar, Angadanan, Isabela, tied up the male residents, and stole items valued at P70. Two other armed men acted as lookouts. The six men remained in the house all day, keeping the residents tied. Andres Pascua, Roberto’s brother-in-law, arrived, was also seized and shackled. After sunset, the bandits left, taking Andres Pascua as a prisoner, and successively robbed the houses of Valentin de Leon (P750), Martin Caraui (P117), Mariano Carabbacan (P152), and Juan Ramiscal (P40). Finally, at the house of Cornelio Infante, the bandits forced Infante to call his neighbor Alvaro Torio. When Torio looked out the window, one of the robbers shot and killed him instantly. The appellants denied participation and set up alibis. The central issue was the identity of the malefactors.

ISSUE

The main issue is whether the appellants were correctly identified as the perpetrators of the robbery in band and murder charges.

RULING

The Supreme Court affirmed the appellants’ guilt with modifications. The evidence, particularly from witnesses Roberto Balas, Celedonio Balas, Estefania Balas, and Andres Pascua, was abundant and decisive in identifying the appellants. The Court rejected the defense’s theory that Andres Pascua was in league with other malefactors, finding it inconsistent with the facts. The killing of Alvaro Torio was murder qualified by treachery, as he was unaware and unprepared when shot. The aggravating circumstances of dwelling and armed band were present, but due to the lack of the required votes for the death penalty, the penalty for murder was reduced to reclusion perpetua. For the robberies, the Court found that the facts in Cases Nos. 614 and 630 constituted two independent offenses each, thus the appellants were guilty of five counts of robbery in band instead of three. The penalties for each robbery count were affirmed, with the total not to exceed 40 years pursuant to Article 70 of the Revised Penal Code. The decision of the trial court was affirmed with these modifications.