GR L 55029; (June, 1982) (Digest)
G.R. No. L-55029 June 29, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONCIO GAMET and BIBIANO AGULAY, accused-appellants.
FACTS
On July 18, 1965, Gregorio Masian was shot and killed in his home in Ilocos Norte. Five armed men then ransacked the house, stealing cash and personal property. The initial police investigation failed to identify the perpetrators. Fifty-four days later, the victim’s widow, Romula Baysac, executed a statement implicating her husband’s nephew, Leoncio Gamet. Subsequently, based on the extrajudicial confessions of Alfredo Salmazan and Bibiano Agulay, several other individuals were charged. Agulay’s confession detailed his participation and mentioned receiving a crosscut saw as part of his share of the loot, which was later recovered from his house. At trial, Gamet denied involvement and presented an alibi, while Agulay repudiated his confession, claiming coercion, and also proffered an alibi.
ISSUE
The core issue is whether the guilt of appellants Leoncio Gamet and Bibiano Agulay for the crime of robbery in band with homicide was proven beyond a reasonable doubt.
RULING
The Supreme Court modified the trial court’s judgment, acquitting Gamet but affirming Agulay’s conviction with a modified penalty. For Gamet, the Court found no moral certainty of guilt. His identification by the widow was delayed by fifty-four days without sufficient justification, and she had initially told authorities she could not recognize the assailants. Crucially, he was not mentioned in the confessions of his co-accused, Salmazan and Agulay, which positively stated he was not part of the group. This failure of prompt identification and lack of corroborative evidence created reasonable doubt, warranting acquittal.
For Agulay, the Court upheld his conviction. His extrajudicial confession was deemed voluntary, as he failed to complain of maltreatment before the municipal judge who administered his oath. The confession was corroborated in material points by Salmazan’s statement. Most damningly, the crosscut saw, which he admitted receiving from the loot, was recovered from his possession. The widow’s testimony established the saw belonged to the victim, directly contradicting Agulay’s claim of inheritance. This physical evidence conclusively confirmed his participation and destroyed his alibi. While the trial court correctly found the presence of aggravating circumstances, the death penalty was commuted to reclusion perpetua due to the acquittal of the alleged triggermen, the trial court’s clemency recommendation, and the case’s prolonged pendency.