GR L 5732; (March, 1954) (Digest)
G.R. No. L-5732; March 12, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FEDERICO FADER, ETC., defendant-appellant.
FACTS
On the night of April 13, 1951, appellant Federico Fader and an unidentified companion entered the house of Marcos Fernandez in Curimao, Ilocos Norte. Appellant ordered the occupants to lie face down, put out the lamp, and pressed a gun against Juanita Fernandez’s breast, demanding the key to the family trunk and money. Upon noticing Dionicio Fernandez was awake, appellant fired at him, awakening his brother Fernandico. When Fernandico resisted, appellant fled, pursued by Fernandico. Appellant’s companion dragged Maria Fernandez towards the stairway. During their flight, appellant fired more shots, hitting and killing Maria. Dionicio also died from his wounds. Marcos Fernandez, hiding outside, recognized appellant by moonlight and reported the crime immediately to the police, identifying appellant. The defense presented an alibi, claiming appellant was at his home in Paoay, five kilometers away, hosting visitors until the early morning of April 14. The trial court convicted appellant of frustrated robbery with double homicide.
ISSUE
Whether the trial court correctly convicted appellant Federico Fader of the crime charged based on the evidence presented.
RULING
Yes, the conviction is affirmed. The Supreme Court found appellant’s guilt proven beyond reasonable doubt. The positive identification by prosecution witnesses (Marcos, Fernandico, and Juanita Fernandez), who knew appellant as Marcos was his tenant, prevailed over the alibi defense. The witnesses had a clear view as the assailants were not disguised, and there was an oil lamp and moonlight. Discrepancies in the witnesses’ affidavits and testimonies regarding the identity of appellant’s companion and who dragged Maria were deemed minor and did not undermine their consistent identification of appellant and his principal acts. Appellant’s claim of witness resentment due to a tenant dismissal was inconsistent with evidence of a recent transaction between them. The crime is attempted robbery with homicide under Article 297 of the Revised Penal Code. The aggravating circumstances of dwelling and treachery (with nighttime not considered separately) justified the penalty of reclusion perpetua imposed by the trial court.