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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-1939 Jurisprudence                 

  • G.R. No. 43850 April 3, 1939 - JOSE C. BUCOY v. JOHN R. MCFIE, ET AL.

    067 Phil 126

  • G.R. No. 45080 April 3, 1939 - FLORENCIA DUQUILLO v. PAZ BAYOT

    067 Phil 131

  • G.R. No. 45112 April 3, 1939 - APOLONIA GOMEZ v. LEVY HERMANOS, INC.

    067 Phil 134

  • G.R. No. 45144 April 3, 1939 - M. E. GREY v. INSULAR LUMBER COMPANY

    067 Phil 139

  • G.R. No. 45696 April 3, 1939 - PLACIDA PASCASIO, ET AL. v. BENITO GUIDO

    067 Phil 143

  • G.R. No. 45159 April 4, 1939 - GOVERNMENT OF THE PHIL. v. EMILIO MA. DE MORETA

    067 Phil 146

  • G.R. Nos. 46231-46235 April 4, 1939 - PEOPLE OF THE PHIL. v. PAULO B. GONZALEZ

    067 Phil 147

  • G.R. No. 46239 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. ROSENDO MARCOS, ET AL.

    067 Phil 150

  • G.R. No. 46247 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. MUNICIPAL COUNCIL OF SAN RAFAEL, ET AL.

    067 Phil 158

  • G.R. No. 45177 April 5, 1939 - JOSE MARTINEZ v. SANTOS B. PAMPOLINA

    067 Phil 167

  • G.R. No. 45193 April 6, 1939 - EMILIE ELMIRA RENEE BOUDARD, ET AL. v. STEWART EDDIE TAIT

    067 Phil 170

  • G.R. No. 46510 April 5, 1939 - ORIENT PROTECTIVE ASSURANCE ASSOCIATION v. ANTONIO RAMOS

    067 Phil 176

  • G.R. No. 45517 April 5, 1939 - TARCILA L. TRINIDAD v. ORIENT PROTECTIVE ASSURANCE ASSOCIATION

    067 Phil 181

  • G.R. No. 45738 April 6, 1939 - PEOPLE OF THE PHIL. v. MAXIMIANO CELORICO

    067 Phil 185

  • G.R. No. 45748 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCO VERA REYES

    067 Phil 187

  • G.R. No. 45955 April 5, 1939 - TEODORICA R. VIUDA DE JOSE v. JULIO VELOSO BARRUECO

    067 Phil 191

  • G.R. No. 46144 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCISCO CINCO, ET AL.

    067 Phil 196

  • G.R. No. 46409 April 5, 1939 - INSULAR MOTORS INCORPORATED v. CITY OF MANILA, ET AL.

    067 Phil 201

  • G.R. No. 46478 April 6, 1939 - PEOPLE OF THE PHIL. v. GO UG, ET AL.

    067 Phil 202

  • G.R. No. 43822 April 10, 1939 - PHILIPPINE TRUST CO. v. HONGKONG & SHANCHAI BANKING CORPORATION

    067 Phil 204

  • G.R. No. 45152 April 10, 1939 - HILARIA SIKAT v. JOHN CANSON

    067 Phil 207

  • G.R. No. 45170 April 10, 1939 - ARSENIO DE VERA, ET AL. v. CLEOTILDE GALAURAN

    067 Phil 213

  • G.R. No. 45171 April 10, 1939 - EUGENIO VERAGUTH, ET AL. v. ROSARIO MONTILLA, ET AL.

    067 Phil 215

  • G.R. No. 45192 April 10, 1939 - IN RE: VICENTE J. FRANCISCO

    067 Phil 222

  • G.R. No. 45200 April 10, 1939 - GOVERNMENT OF THE PHIL. v. APOLONIA S. ZAPANTA, ET AL.

    067 Phil 232

  • G.R. No. 45246 April 10, 1939 - CARLOS N. FRANCISCO v. PARSONS HARDWARE CO.

    067 Phil 234

  • G.R. No. 45273 April 10, 1939 - LUNETA MOTOR CO. v. FEDERICO ABAD

    067 Phil 236

  • G.R. No. 45295 April 10, 1939 - RUFO ARCENAS v. INOCENCIO DEL ROSARIO, ET AL.

    067 Phil 238

  • G.R. No. 45302 April 10, 1939 - GERVASIA ENCARNACION, ET AL. v. PROVINCIAL SHERIFF OF RIZAL, ET AL.

    067 Phil 245

  • G.R. No. 45337 April 10, 1939 - MANILA MOTOR CO. v. ANICETO MARAÑA

    067 Phil 247

  • G.R. No. 45381 April 10, 1939 - FELIX BENEDICTO v. PERFECTO ESPINO

    067 Phil 249

  • G.R. No. 45898 April 10, 1939 - JOVITA JOVEN v. MARCELO T. BONCAN, ET AL.

    067 Phil 252

  • G.R. No. 46530 April 10, 1939 - PEOPLE OF THE PHIL. v. CATALINO RABAO

    067 Phil 255

  • G.R. No. 45123 April 12, 1939 - AGRIPINO INFANTE v. MARCOS DULAY

    067 Phil 259

  • G.R. No. 45165 April 12, 1939 - GREGORIA JIMENEZ v. GEROMIMO JIMENEZ

    067 Phil 263

  • G.R. No. 45277 April 12, 1939 - TORIBIO TEODORO v. JUAN POSADAS

    067 Phil 267

  • G.R. No. 45306 April 12, 1939 - JOSUE SONCUYA v. LA URBANA

    067 Phil 271

  • G.R. No. 45365 April 12, 1939 - FULTON IRON WORKS CO. v. SIDNEY C. SCHWARZKOPF

    067 Phil 274

  • G.R. No. 45375 April 12, 1939 - COMMONWEALTH OF THE PHIL. v. GLORIA BALDELLO

    067 Phil 277

  • G.R. No. 45454 April 12, 1939 - EULALIO GARCIA v. SINFOROSA C. DAVID, ET AL.

    067 Phil 279

  • G.R. No. 45515 April 12, 1939 - TOLARAM MENGHRA v. BULCHAND ARACHAND, ET AL.

    067 Phil 286

  • G.R. No. 45742 April 12, 1939 - TIBURCIO MAMUYAC v. PEDRO ABENA

    067 Phil 289

  • G.R. No. 45752 April 12, 1939 - PEOPLE OF THE PHIL. v. JUAN PERALTA, ET AL.

    067 Phil 293

  • G.R. No. 45821 April 12, 1939 - SOCONY-VACUUM CORPORATION v. LEON C. MIRAFLORES

    067 Phil 304

  • G.R. No. 45899 April 12, 1939 - RAYMUNDO VARGAS v. NIEVES TANCIOCO,, ET AL.

    067 Phil 308

  • G.R. No. 45405 April 13, 1939 - IN RE: ANTONIO FRANCO

    067 Phil 312

  • G.R. No. 45529 April 13, 1939 - VENANCIO QUEBLAR v. LEONARDO GARDUÑO

    067 Phil 316

  • G.R. No. 46428 April 13, 1939 - PEOPLE OF THE PHIL. v. IRINEO TUMLOS

    067 Phil 320

  • G.R. No. 45253 April 14, 1939 - FIDELITY AND SURETY COMPANY OF THE PHIL. v. ISABELO G. SANCHEZ, ET AL.

    067 Phil 323

  • G.R. No. 45310 April 14, 1939 - MARCOS J. ROTEA v. FRANCISCA DELUPIO

    067 Phil 330

  • G.R. No. 45400 April 14, 1939 - MARCIANA LUNASCO v. VETERANS ADMINISTRATION

    067 Phil 333

  • G.R. No. 45536 April 14, 1939 - PEDRO AMANTE v. SERAFIN P. HILADO

    067 Phil 338

  • G.R. No. 45601 April 14, 1939 - TAVERA-LUNA v. MARIANO NABLE

    067 Phil 340

  • G.R. No. 45687 April 14, 1939 - CARIDAD ESTATE OF CAVITE, INC. v. VICENTE AVILA

    067 Phil 345

  • G.R. No. 45931 April 14, 1939 - URBANO SERRANO v. VICENTE DE LA CRUZ

    067 Phil 348

  • G.R. No. 45340 April 15, 1939 - MARCELA BALLESTEROS v. VETERANS ADMINISTRATION

    067 Phil 351

  • G.R. No. 45430 April 15, 1939 - TERESA GARCIA v. LUISA GARCIA, ET AL.

    067 Phil 353

  • G.R. No. 45643 April 16, 1939 - RAYMUNDO CORDERO v. COURT OF FIRST INSTANCE OF LAGUNA, Respondents.

    067 Phil 358

  • G.R. No. 45576 April 19, 1939 - MAXIMIANO FUENTES v. JUSTICE OF THE PEACE OF PILA, LAGUNA, ET AL.

    067 Phil 364

  • G.R. No. 45248 April 18, 1939 - VICENTE REYES VILLAVICENCIO v. SANTIAGO QUINIO

    067 Phil 367

  • G.R. No. 45418 April 18, 1939 - AMBROSIO RAMOS, ET AL. v. H. A. GIBBON, ET AL.

    067 Phil 371

  • G.R. No. 45701 April 18, 1939 - TIRSO GARCIA v. TY CAMCO SOBRINO

    067 Phil 384

  • G.R. No. 45721 April 18, 1939 - MELCHOR LAMPREA v. DIRECTOR OF LANDS, ET AL.

    067 Phil 388

  • G.R. No. 45803 April 18, 1939 - VICENTA C. VDA. DE GUIDOTE v. BANK OF THE PHILIPPINE ISLANDS

    067 Phil 391

  • G.R. No. 45923 Abril 18, 1939 - CHOA FUN v. EL SECRETARIO DEL TRABAJO

    067 Phil 394

  • G.R. No. 46015 April 18, 1939 - LIBERATO JIMENEZ v. INES DE CASTRO, ET AL.

    067 Phil 398

  • G.R. No. 46043 April 18, 1939 - TERESA LANDRITO, ET AL. v. RICARDO GONZALEZ, ET AL.

    067 Phil 401

  • G.R. No. 46134 April 18, 1939 - NICOLASA DE GUZMAN v. ANGELA LIMCOLIOC

    067 Phil 404

  • G.R. No. 46317 April 18, 1939 - JUSTO QUIMING v. MARIANO L. DE LA ROSA

    067 Phil 406

  • G.R. No. 45290 April 19, 1939 - GOVERNMENT OF THE PHIL. v. PAULA MERCADO

    067 Phil 409

  • G.R. No. 45126 April 19, 1939 - DIRECTOR OF LANDS v. ALBINO PANUNCIO

    067 Phil 414

  • G.R. No. 45166 April 19, 1939 - LEON C. VIARDO v. GALICANO GUTIERREZ

    067 Phil 416

  • G.R. No. 45190 April 19, 1939 - PEOPLE OF THE PHIL. v. ANTONIO APAREJADO, ET AL.

    067 Phil 418

  • G.R. No. 45531 April 19, 1939 - FRED OMNAS, ET AL. v. PABLO S. RIVERA

    067 Phil 419

  • G.R. No. 46002 April 19, 1939 - SALVACION RIOSA v. STILIANOPULOS, INC.

    067 Phil 422

  • G.R. No. 45715 April 20, 1939 - PEOPLE OF THE PHIL. v. REMIGIO OLIVERIA

    067 Phil 427

  • G.R. No. 45934 April 20, 1939 - FORTUNATO DIAZ v. PEOPLE OF THE PHIL.

    067 Phil 432

  • G.R. No. 45980 April 20, 1939 - MARIA MARTINEZ v. YEK TONG LIN FIRE & MARINE INSURANCE CO.

    067 Phil 436

  • G.R. No. 45493 April 21, 1939 - GERARDO GARCIA v. ANGEL SUAREZ

    067 Phil 441

  • G.R. No. 45595 April 21, 1939 - JUAN POSADAS, ET AL. v. GO HAP, ET AL.

    067 Phil 446

  • G.R. No. 46046 April 21, 1939 - PROCOPIO GAQUIT v. DOROTEO CONUI

    067 Phil 449

  • G.R. No. 46570 April 21, 1939 - JOSE D. VILLENA v. SECRETARY OF THE INTERIOR

    067 Phil 451

  • G.R. No. 45449 April 22, 1939 - TOMAS S. OCEJO v. CONSUL GENERAL OF SPAIN

    067 Phil 475

  • G.R. No. 46330 April 22, 1939 - IRENEO ABAD SANTOS, ET AL. v. PROVINCE OF TARLAC, ET AL.

    067 Phil 480

  • G.R. No. 45413 April 24, 1939 - LA YEBANA, CO., INC. v. JULIO L. VALENZUELA, ET AL.

    067 Phil 482

  • G.R. No. 45666 April 24, 1939 - ALFREDO VALENZUELA v. PEOPLE OF THE PHIL.

    067 Phil 490

  • G.R. No. 45978 April 24, 1939 - MIGUELA ELEAZAR v. EUSEBIO ELEAZAR

    067 Phil 497

  • G.R. No. 46029 April 24, 1939 - NATIONAL LOAN AND INVESTMENT BOARD v. LUIS MENESES

    067 Phil 498

  • G.R. No. 45369 April 25, 1939 - ISABELA SUGAR CO., INC. v. ALFFREDO L. YATCO

    067 Phil 500

  • G.R. No. 45544 April 25, 1939 - COLLECTOR OF INTERNAL REVENUE v. LORENZO ECHARRI

    067 Phil 502

  • G.R. No. 45624 April 25, 1939 - GEORGE LITTON v. HILL & CERON, ET AL.

    067 Phil 509

  • G.R. No. 45739 April 26, 1939 - PEOPLE OF THE PHIL. v. SOTERO PEJI BAUTISTA

    067 Phil 518

  • G.R. No. 45755 April 25, 1939 - ASUNCION ABAD v. AMANDO AQUINO

    067 Phil 526

  • G.R. No. 45964 April 26, 1939 - PEOPLE OF THE PHIL. v. RESTITURO FALLER

    067 Phil 529

  • G.R. No. 46035 April 25, 1939 - DIRECTOR OF LANDS v. PHILIPPINE NATIONAL BANK, ET AL.

    067 Phil 531

  • G.R. No. 46260 April 26, 1939 - PABLO TAMAYO v. FRANCISCO E. JOSE, ET AL.

    067 Phil 536

  • G.R. No. 46356 April 25, 1939 - FRUCTUOSA VELASCO VDA. DE TALAVERA v. CORRECTIONAL INSTITUTION FOR WOMEN

    067 Phil 538

  • G.R. No. 45403 April 26, 1939 - NATIONAL CITY BANK OF NEW YORK v. NEW YORK TONG LIN & MARINE INSURANCE COMPANY

    067 Phil 544

  • G.R. No. 45519 April 26, 1939 - RUFINA SALAO, ET AL. v. TEOFILO C. SANTOS, ET AL.

    067 Phil 547

  • G.R. No. 45521 April 26, 1939 - JOSE MORENO, ET AL. v. BONIFACIO SAN MATEO, ET AL.

    067 Phil 551

  • G.R. No. 45598 April 26, 1939 - TAN PHO v. HASSAMAL DALAMAL

    067 Phil 555

  • G.R. No. 45614 April 26, 1939 - NORBERTO FORDAN v. ANTONIO LUZON

    067 Phil 559

  • G.R. No. 45662 April 26, 1939 - ENRIQUE CLEMENTE v. DIONISIO GALVAN

    067 Phil 565

  • G.R. No. 46366 April 26, 1939 - PHILIPPINE NATIONAL BANK v. PARDO Y ROBLES HERMANOS, ET AI. .

    067 Phil 570

  • G.R. No. 46492 April 26, 1939 - RAMON SOTELO v. ARSENIO P. DIZON, ET AL.

    067 Phil 573

  • G.R. No. 45173 April 27, 1939 - RED LINE TRANSPORTATION CO., INC. v. BACHRACH MOTOR COMPANY, INC.

    067 Phil 577

  • G.R. No. 45359 April 27, 1939 - JACINTO M. DEL SAZ OROZCO, ET AL. v. SALVADOR ARANETA

    067 Phil 591

  • G.R. No. 45506 April 27, 1939 - FORTUNATO MANZANERO v. REMEDIOS BONGON

    067 Phil 595

  • G.R. No. 45508 April 27, 1939 - SEGUNDA DEVEZA v. ERIBERTO BALMEO, ET AL.

    067 Phil 603

  • G.R. No. 45534 April 27, 1939 - JOSEFA RIZAL MERCADO, ET AL. v. ALFREDO HIDALGO REAL

    067 Phil 608

  • G.R. No. 45694 April 27, 1939 - FRANCISCO YATCO v. EL HOGAR FILIPINO

    067 Phil 610

  • G.R. No. 45724 April 27, 1939 - IGNACIO DE GUZMAN, ET AL. v. TEODORO IBEA, ET AL.

    067 Phil 633

  • G.R. No. 45741 April 27, 1939 - F. Y A. GARCIA DIEGO v. GLORIA DE ANTONIO, ET AL.

    067 Phil 637

  • G.R. No. 45185 April 28, 1939 - GOVERNMENT OF THE PHIL. v. SALUD ALDEGUER VIUDA DE ROMERO SALAS

    067 Phil 643

  • G.R. No. 45464 April 28, 1939 - JOSUE SONCUYA v. CARMEN DE LUNA

    067 Phil 646

  • G.R. No. 45625 April 28, 1939 - MARGARITA VILLANUEVA v. JUAN SANTOS

    067 Phil 648

  • G.R. No. 45761 April 28, 1939 - JULIA DEL ROSARIO, ET AL. v. ANTONIO DEL ROSARIO, ET AL.

    067 Phil 652

  • G.R. No. 45266 April 29, 1939 - SIMEON RAEL v. PROVINCIAL GOVERNMENT OF RIZAL

    067 Phil 654

  • G.R. No. 45410 April 29, 1939 - MACONDRAY & CO., INC. v. JOSE BERNABE

    067 Phil 658

  • G.R. No. 45412 April 29, 1939 - COSME CARLOS, ET AL. v. COSME CARLOS

    067 Phil 662

  • G.R. No. 45425 April 29, 1939 - JOSE GATCHALIAN v. COLLECTOR OF INTERNAL REVENUE

    067 Phil 666

  • G.R. No. 45479 April 29, 1939 - FELIX ATACADOR v. HILARION SILAYAN

    067 Phil 674

  • G.R. No. 45597 April 29, 1939 - MACARIA PASCUAL v. LORENZA RAMIREZ, ET AL.

    067 Phil 678

  • G.R. No. 45965 April 29, 1939 - AMPARO GONZALEZ, ET AL. v. PRIMITIVO TRINIDAD, ET AL.

    067 Phil 682

  • G.R. No. 46003 April 29, 1939 - SIXTO DE LA COSTA, ET AL. v. BONIFACIO CLEOFAS

    067 Phil 686

  • G.R. No. 46026 April 29, 1939 - JESUSA PORTILLO-RIVERA v. STRACHAN, MACMURRAY & CO., LTD.

    067 Phil 694

  • G.R. No. 46604 April 29, 1939 - FRANCISCO MORFE, ET AL. v. JUSTICE OF THE PEACE OF CALOOCAN, ET AL.

    067 Phil 696

  •  





     
     

    G.R. No. 46144   April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCISCO CINCO, ET AL. <br /><br />067 Phil 196

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 46144. April 6, 1939.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCISCO CINCO, ET AL., Defendants. FRANCISCO CINCO, FRANCISCO CAMERO, CALIXTRO CINCO, TRANQUILINO RELADOR, LORENZO RAYNERA, TIRSO ESPEJO, and CONSTANCIO RAAGAS, Appellants.

    Gavino A. Acenas for Appellants.

    Solicitor-General Ozaeta and Assistant Attorney Valera for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; ROBBERY IN BAND WITH HOMICIDE; DEFENSE OF "ALIBI." — Each of the defendants pretended ignorance of the crime charged and endeavored to corroborate his allegation of innocence by the statement of a few friends and relatives. The defense of alibi is always received with caution. It should by proved by probable evidence which reasonably satisfied the court of the truth of much defense. It is held to be a weak alibi where it is supported by witnesses found to be related by intimate ties of relationship to the accused and living with them under the same roof.

    2. ID.; ID, ID. — Alibis cannot stand and prevail over clear and convincing testimonies of credible witnesses and this is true in the present case. The evidence presented for the prosecution in the case at bar is too convincing for mere alibis to overcome. The evidence clearly points to the guilt of the defendants.

    3. ID.; ID; PENALTY. — The crime committed is robbery in band, in an inhabited house, with homicide, defined in article 294, paragraph 2, of the Revised Penal Code, the penalty prescribed therein being reclusion perpetua to death. There were various aggravating circumstances present in this case, but in view, however, of the inability of the members of this court to reach a unanimous verdict on the imposition of the death penalty, the judgment of the lower court was affirmed in all respects.


    D E C I S I O N


    LAUREL, J.:


    Francisco Cinco, Francisco Camero, Calixtro Cinco, Tranquilino Pelador, Lorenzo Raynera, Tirso Espejo, Iluminado Berio, and Constancio Raagas were charged with the crime of robbery in band with homicide. The Court of First Instance of Leyte found them all guilty as charged, sentenced each and every one of them to reclusion perpetua, to return the fifty pesos which they took from the deceased Valentin Santo, and to indemnify, jointly and severally, his widow, Luciana Cañete, in the sum of P1,000 and to any the costs. From this judgment, the defendants, with the exception of Iluminado Berio, have appealed to this court.

    Valentin Santo was an old man of 90 years and his wife, Luciana Cañete, an old woman of 70 years. Fausto Toreno, their home-companion who lived separate from his wife, was an old man of 63 years. These were the only three people who lived in the house of Valentin Santo at the time the eight defendants above mentioned forced their way into the house. It was about 10 o’clock in the evening of February 2, 1938. Valentin Santo and his wife were then seated on the floor talking about their family life, while Fausto Toreno was lying down near a pile of palay in one corner of the house. One group, composed of Francisco Cinco, Francisco Camero and Lorenzo Raynera, passed through a hole in the wall of the kitchen whereat the bamboo waterholder was placed. Francisco Cinco and Francisco Camero proceeded directly to Valentin Santo and by assaulting and strangulating him were able to obtain fifty pesos from the belt that was tied around his waist. Lorenzo Raynera, the last-named in the group, went to the old woman, Luciana Cañete, in search for money, removed her clothing, stepped and sat on her, covered her mouth and eyes with his hands and asked for money, but he obtained nothing from her. The second group, formed by Calixtro Cinco, Tranquilino Relador, Tirso Espejo, Iluminado Berio and Constancio Raagas, gained entrance through the door of the house by cutting the string that tied it up. Two in the group approached Fausto Toreno, pointed their bolos at him, focused their flashlights on his eyes and inquired for money. Because Toreno told them he had no money, they forced open a trunk containing the clothing of the spouses, scattered the contents on the floor, took away a blanket, a suit, a Chinese camua and a pair of shoes, all valued approximately at ten pesos. After this looting the malefactors left.

    Luciana Cañete, the aged widow, testified that immediately after the robbers left, she approached her husband who had been left in one corner of the house, tried to awaken him and because he laid still she thought he was already dead. She then reported the matter to the town authorities and the following day her husband was taken to the poblacion.

    Francisco Santo, the chief of police of Burauen, who went to the place of the occurrence, testified that he found Valentin Santo lying unconscious on the floor of the house. It was he who took Valentin to the poblacion. Dr. Wenceslao Enage, who examined the deceased, testified that on the day following the commission of the crime, Valentin Santo was brought to the poblacion and he found him to be in a comatose condition. He found three lesions on his body, the most serious of which was that on the nape of the head. Death resulted three days later due to the concussion of the brain caused by the blows received on the nape of the head. Fausto Toreno, the home-companion, was the direct eyewitness to the commission of the crime. He was lying awake on the floor when the eight malefactors entered the house. According to him, every one of the malefactors was wearing a hat and he recognized all of them by the light of the lamp in the house and by their flashlights. In open court, this witness was called upon to identify the defendants, which he did although the defendants were intermingled with other people in the court-room. At first he mistook one Cayetano Canque who was awaiting for trial in the sala on a charge of theft or other as one of the defendants herein but he immediately rectified and admitted his error. When asked to identify anew the defendants, Fausto Toreno was then able to identify Constancio Raagas who, during the first identification, was covering his face with a handkerchief. Iluminado Berio, who has not appealed, was the only one not identified by the witness.

    Exhibit F, a buri hat, was presented during the trial. It was found near the stairs of the house of the deceased. Toreno testified that it belonged to Lorenzo Raynera because when the malefactors entered the house every one of them was wearing a hat and when they left Lorenzo Raynera was the only one without a hat.

    Diego Briso testified that near midnight of February 2, 1938, according to his calculations, while he was in his house, he heard the barking of a dog coming from the direction of the house of Valentin Santo. Out of curiosity he went out and from a distance of about four brazas from the house of the deceased he heard people talking from within. When the eight malefactors descended from the house he hid behind a big anonag tree and from there he recognized them all to be the defendants herein. According to him, every one of them was wearing a hat with the exception of Lorenzo Raynera.

    Alejandro Pedere, another neighbor of the deceased, testified that on the night of the incident, he went down his house to see whether there were pigs in his plantation of tobacco and gabe, and he saw eight men walking down the street. Three of them he immediately recognized to be Francisco Camero, Francisco Cinco and Calixtro Cinco because they were known to him.

    Antonio Candela testified that while he was taking his carabao along he saw the eight defendants passing through his lot and that he recognized Calixtro Cinco and Francisco Cinco, the former walking in front.

    The defense put up an alibi. Each of the defendants pretended ignorance of the crime charged and endeavored to corroborate his allegation of innocence by the statement of a few friends and relatives. The defense of alibi is al ways received with caution. (People v. Badilla, 48 Phil., 718.) It should be proved by probable evidence which reasonably satisfies the court of the truth of such defense (U. S. v. Olais, 36 Phil., 828; U. S. v. Oxiles, 29 Phil., 587; People v. Limbo and Limbo, 49 Phil., 94.) It is held to be weak alibi where it is supported by witnesses found to be related by intimate ties of relationship to the accused and living with them under the same roof. (U. S. v. Ambrosio and Falsario, 17 Phil., 295.) Alibis cannot stand and prevail over clear and convincing testimonies of credible witnesses (People v. De Asis, 34 Off. Gaz., 655, citing People v. Cabantug, 49 Phil., 484-486; People v. Palamos, 49 Phil., 601, 604, 605; People v. Medina, 59 Phil., 330; U. S. v. Garcia, 26 Phil., 289), and this is true in the present case. The evidence presented for the prosecution in the case at bar is too convincing for mere alibis to overcome. The evidence clearly points to the guilt of the defendants.

    The crime committed is robbery in band! in an inhabited house, with homicide, defined in article 294, paragraph 2, of the Revised Penal Code, the penalty prescribed therein being reclusion perpetua to death. The Solicitor-General directs our attention to various aggravating circumstances present in the commission of the offense, to wit: (1) that the crime was committed in the dwelling of the offended party; (2) that the crime was committed in the night time; (3) that the crime was committed in disregard of the age of the offended party; and (4) that the crime was committed by a band. With regards to the appellant Francisco Cinco, our attention is called that the further aggravating circumstance of recidivism is present. In view, however, of the inability of the members of this court to reach a unanimous verdict on the imposition of the death penalty, the judgment of the lower court its affirmed in all respects, with costs against the appellants. So ordered.

    Avanceña, C.J., Villa-Real, Imperial, Diaz, Concepcion and Moran, JJ., concur.

    G.R. No. 46144   April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCISCO CINCO, ET AL. <br /><br />067 Phil 196


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