G.R. No. L-9044; January 29, 1957
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PONCIANO ARPON, ET AL., defendants, PONCIANO ARPON, defendant-appellant.

FACTS

On December 11, 1940, at about 7:00 PM, Ponciano Arpon, armed with a carbine and accompanied by two unidentified persons, forced open the kitchen door of the house of Manuel Sulla in barrio Salog, Panholgan, Leyte. Sulla was having supper with his common-law wife Matilde Dellera, their six children, and their nephew Luciano Bacolbos. Arpon exclaimed, “Come up all of you, will not give any quarters to these persons because these are the brave persons,” and aimed his carbine at Sulla. When Sulla tried to stand to get a bolo, Arpon fired at him three times, hitting him. Sulla fell, leaning against a post. Arpon then grabbed the bolo Sulla tried to reach, struck Sulla’s right foot with it, and gave the bolo to a companion. Arpon kicked the lamp, and his companions opened a big trunk in the sala, finding a flashlight. Arpon used the flashlight, looked into a trunk, and then focused it toward a room where he saw Luciano Bacolbos. Arpon asked Luciano where his mother was, and when Luciano answered he did not live there, Arpon struck Luciano’s head with his carbine. Luciano then went to the rear of the house and watched the robbers take a small trunk outside, force it open with a bolo, and take a small box containing money, which Arpon placed in his back pocket. The robbers left with the bolo. Luciano stayed with the wounded Sulla until morning. Matilde Dellera fled with her children, reported the incident to the barrio lieutenant, and spent the night elsewhere. The next morning, Sulla was found dead, two trunks were forced open, and P140 was missing from the small trunk. The Sanitary Inspector’s examination revealed multiple gunshot and stab wounds on Sulla’s body. The prosecution presented testimonies from Matilde Dellera, Luciano Bacolbos, Anacleto Bacolbos (Luciano’s father), and the Sanitary Inspector. The defense of Ponciano Arpon was alibi, claiming he was sick at his house six kilometers away, corroborated by witness Emilio Palsi. The defense also alleged resentment from the Bacolbos family due to Arpon informing MPs about Anacleto’s unlicensed rifle, leading to its confiscation.

ISSUE

Whether the alibi offered by appellant Ponciano Arpon deserves consideration over the positive identification and testimonies of the prosecution witnesses.

RULING

The alibi does not deserve consideration. The positive and convincing testimonies of prosecution witnesses Matilde Dellera and Luciano Bacolbos, who identified Ponciano Arpon as the leader of the robbers who killed Manuel Sulla and stole P140, prevail over the alibi defense. There was light in the house from a lamp, enabling identification, and Luciano was struck on the head by Arpon’s carbine, further aiding recognition. The testimonies were not successfully refuted by the defense. The alleged resentments of the Bacolbos family were denied and, even if true, do not discredit the testimony of Matilde Dellera. The facts constitute the crime of robbery with homicide, aggravated by trespass to dwelling and nighttime. The penalty of death was deemed appropriate but, for lack of sufficient votes, the lesser penalty of reclusion perpetua imposed by the lower court is affirmed. The indemnity to the heirs of Manuel Sulla is increased to P6,000. The decision appealed from is modified accordingly and affirmed in all other respects.