G.R. No. L-5853-54, March 27, 1953
The People of the Philippines, plaintiff-appellee, vs. Rafael Beleno, defendant-appellant.

FACTS

On the afternoon of January 2, 1948, Mrs. Consuelo P. de Aquino, her twin daughters Corazon and Amelia, and Mercedes Belmes were ambushed while walking home in Bangued, Abra. Three men fired at them, hitting Mrs. Aquino. The assailants then grabbed Corazon. Mrs. Aquino and Amelia witnessed Rafael Beleno battering Corazon with a rifle while Mateo Pizarro raised the fallen girl. The victims fled and reported the ambush. Corazon died from skull fractures. The next day, Rafael Beleno and Mateo Pizarro were arrested and charged with murder and frustrated murder. At the trial, Consuelo and Amelia positively identified Beleno and Pizarro. Evidence established a prior land dispute between the Aquino and Beleno families as motive. Fortunato Bocarile, a tenant, testified that Beleno and Pizarro inquired about the victims’ travel plans that morning. Constabulary Sergeant Rodrigo Agloos testified that Pizarro led him to retrieve the hidden rifle and stated it belonged to Beleno, who was with him during the ambush. Pizarro, in his defense, claimed Beleno compelled him under threat, shot Mrs. Aquino, and killed Corazon. Beleno presented an alibi, claiming he was six kilometers away helping his ailing father. The trial court convicted Beleno, acquitted Pizarro for alleged reluctance, and sentenced Beleno to imprisonment and indemnity. The Court of Appeals affirmed but forwarded the case to the Supreme Court for final adjudication on the penalty.

ISSUE

Whether the Supreme Court should affirm the conviction of Rafael Beleno for murder and frustrated murder.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found Beleno’s alibi unconvincing against the positive identification by the victims, which would have been corroborated by Mercedes Belmes. Pizarro’s confession to Sergeant Agloos, implicating Beleno, further strengthened the prosecution’s case. The Court noted that the victims’ initial failure to immediately name the assailants to authorities was not decisive, as it is not unusual for victims, especially women, to be secretive out of fear until the assailants are apprehended. The Court found the crimes to be murder and frustrated murder, qualified by treachery, with aggravating circumstances of disregard of sex and cruelty. For murder, the Court modified the penalty to life imprisonment and an indemnity of P4,000 to the heirs of Corazon Aquino. For frustrated murder against Mrs. Aquino, the penalty was set at imprisonment ranging from four years and two months to ten years and one day. The appealed decision was thus affirmed with modifications as to the penalty.