G.R. No. L-7840, December 24, 1957
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANUEL ABRINA Y MONTANO, LORENZO MAGALLANES and NORBERTO ANO, defendants-appellants.

FACTS

On July 4, 1953, at about 3:30 a.m., the body of Domingo T. Vengco, with ten stab wounds, was found on Dakota Street, Manila. The police investigation initially yielded no leads. On August 1, 1953, jeepney driver Bonifacio Castro voluntarily reported to the police that in the early morning of July 4, he picked up Vengco and later three men—later identified as appellants Manuel Abrina, Lorenzo Magallanes, and Norberto Ano—in Quiapo. Castro drove them towards Pasay. Upon reaching Dakota Street near the Rizal Memorial Stadium, Magallanes ordered him to stop and paid the fare. Ano pulled Vengco out of the jeepney, struck him, and caused him to fall. Frightened, Castro drove away. The appellants were subsequently arrested and identified by Castro in police lineups. Magallanes executed an affidavit stating that Abrina stabbed Vengco, assisted by Ano who took the victim’s belongings, and that they later met and divided the proceeds from selling the stolen items. The stolen properties, including a ring, fountain pen, and wristwatch, were proven to be missing from the victim’s body. After trial, the lower court convicted all three appellants of robbery with homicide, with aggravating circumstances, and sentenced them to death. The case was elevated to the Supreme Court on automatic review.

ISSUE

Whether the evidence presented by the prosecution is sufficient to convict the appellants of the crime of robbery with homicide beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of eyewitness Bonifacio Castro to be clear, convincing, and credible, positively identifying the appellants as the companions of the victim and placing them at the scene of the crime. The defense of alibi raised by appellant Norberto Ano was rejected as it could not prevail over Castro’s positive identification and was supported only by testimonies from his sister and a townmate, which are easily fabricated. The facts established the crime of robbery with homicide, aggravated by nocturnity and abuse of superior strength, with the further aggravating circumstance of recidivism as to Manuel Abrina. However, as the required number of votes for the imposition of the death penalty was not obtained, the penalty was reduced to reclusion perpetua. The decision of the lower court was modified accordingly and affirmed in all other respects.