G.R. No. L-9246. June 29, 1957.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERONIMO INCIERTO, defendant-appellant.

FACTS

On February 7, 1954, during a fiesta in Boljo-on, Cebu, the elderly widow Canuta Pepino disappeared. She was last seen by her son Simeon Gonza on the evening of February 6. Earlier that day, at a store, she had counted out P60 to pay for a pig, and the accused, Geronimo Incierto, was present and saw the money. A search for her was conducted. On February 9, a patadiong (a garment) identified as belonging to Canuta was found in the sea. On February 13, based on information from Gerardo Caitor, a complaint for robbery with murder was filed against Incierto. At trial, the prosecution presented: (1) Simeon Gonza, who testified about the money being counted in Incierto’s presence; (2) Gerardo Caitor, who testified that around 11:00 PM on February 6, Incierto asked for his help to carry Canuta’s dead body, warned him not to reveal the incident, and later drank tuba with him; and (3) Anatolio Nierra, who testified he heard Canuta shriek and then heard Incierto ask “Is she still alive?” before threatening him. The prosecution also presented Incierto’s sworn confession (Exhibit “B”) taken before the justice of the peace, wherein he admitted choking the deceased and throwing her body into the sea with Caitor to rob her, though he later submitted another statement (Exhibit “A”) retracting Caitor’s participation. The accused denied the charges and claimed he was home that evening but presented no corroborating witnesses. The trial court found him guilty of robbery with homicide, aggravated by nocturnity, and imposed the death penalty.

ISSUE

Whether the accused-appellant, Geronimo Incierto, is guilty beyond reasonable doubt of the crime of robbery with homicide.

RULING

Yes, the accused-appellant is guilty of robbery with homicide. The Supreme Court affirmed the conviction but modified the penalty. The Court rejected the testimony of witness Anatolio Nierra due to material inconsistencies (e.g., incorrect date, failure to disclose information during the search, and appearing as a last-minute witness). However, the Court found the testimony of Gerardo Caitor credible and consistent with other evidence, including the appellant’s own initial confession implicating Caitor. The appellant’s confession (Exhibit “B”) was deemed voluntary and admissible, constituting strong evidence of guilt. The Court found the appellant’s simple denial insufficient to overcome the prosecution’s evidence. The crime was committed with the aggravating circumstance of nocturnity. While the maximum penalty of death was applicable, due to the lack of the required number of votes for its imposition, the sentence was reduced to reclusion perpetua. The decision of the trial court was affirmed in all other respects.