Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1967 > October 1967 Decisions > G.R. No. L-22371 October 26, 1967 - PEOPLE OF THE PHIL. v. MARIANO DAGA:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-22371. October 26, 1967.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIANO DAGA alias MANING, Defendant-Appellant.

Segundo M. Zosa, for Defendant-Appellant.

Solicitor General for Plaintiff-Appellee.


SYLLABUS


1. CRIMINAL LAW; ROBBERY WITH HOMICIDE; EVIDENCE; POSITIVE IDENTIFICATION. — Where widow and children of the deceased positively identified the accused as the person who entered the lighted bedroom in which they slept and, not only robbed them, but, also, stabbed to death the deceased, he not only being well-known to them before the occurrence but also they had no reason to falsely incriminate him; said widow and children could not have committed an honest mistake in pointing to him as the culprit.

2. ID.; ID.; ID.; DEFENSE OF ALIBI. — Where appellant could have committed the crime charged in Pawing, Palo, in the early morning of March 5, 1960, at about 2:00 a.m., as testified to by the prosecution witnesses, and then spent the evening of the same day in Binangonan, Santa Fe, inasmuch as the two municipalities adjoin each other, his defense of alibi must fail.

3. ID.; ID.; ID.; POSITIVE IDENTIFICATION CORROBORATED BY ADMISSION. — Where culprit was not only positively identified by the widow and children of the deceased, he being well known to them before the occurrence, but also found, after investigation, with a knife, Exhibit "B", with which he admittedly had stabbed the deceased, the judgment convicting him of robbery with homicide must be affirmed.


D E C I S I O N


CONCEPCION, C.J.:


Appeal from a decision of the Court of First Instance of Leyte, convicting appellant Mariano Daga of the crime of robbery with homicide, with which he is charged, and sentencing him to life imprisonment, to indemnify the heirs of Potenciano Barbasa in the sum of P6,000.00, in addition to the sum of P108.40, representing the value of the stolen goods, and to pay the costs.

It is not disputed that on March 5, 1960, at about 2:00 a.m, a thief entered the house of Potenciano Barbasa — in the barrio of Pawing, municipality of Palo, province of Leyte — and stole from the bedroom thereof two (2) watches and a ring all valued at P105.00, and money in cash amounting to P3.40, and then stabbed Potenciano — as the latter woke up and grappled with him inside said room — with a knife on the left side of the stomach, thereby inflicting upon him a wound, in consequence of which he died on March 6, 1960, at 3:00 a.m.

The only issue in this case is the identity of the culprit. In this connection, Epifania Barbasa, widow of the deceased, and their children, Milagros and William, both surnamed Barbasa, who were inside the bedroom at the time of the occurrence, positively identified appellant Mariano Daga as the thief and the killer of Potenciano Barbasa.

Upon the other hand, Daga denied having committed the crime charged and set up an alibi. He would have us believe that he was in the barrio of Binangonan, Municipality of Santa Fe, Leyte, from March 4, 1960, at 7:00 a.m. to March 5, 1960, at about 11:30 a.m. For this purpose he introduced his own testimony and the testimonies of Teodorico Pedrero and Vicente Caidic. The lower court, however, found the evidence for the defense unworthy of credence, and the record does not show that, in reaching this conclusion. His Honor, the trial Judge — who had the opportunity, denied to us, to observe the behavior of the witnesses during the trial — had overlooked or misunderstood any fact or circumstance of weight or importance in the determination of this case.

On the contrary, the aforementioned widow and children of Potenciano Barbasa testified, and the defense has not denied it, that appellant was well known to them before the occurrence, so that they could not have committed an honest mistake in pointing to him as the person who entered the lighted bedroom in which they slept, picked up two (2) watches from the top of an aluminum tank inside said room, and got from one of the pockets of a trouser of Oscar Barbasa, hanging near said tank, a diary containing cash money, in the sum of P3.40. Besides, said witnesses for the prosecution had no possible reason to falsely incriminate appellant herein, and hence, there can be no doubt about their veracity.

Indeed, appellant could have committed the crime charged in Pawing, Palo, in the early morning of March 5, 1960, at about 2:00 a.m., as testified to by the prosecution witnesses, and then spent the evening of the same day in Binangonan, Santa Fe, with his witnesses Federico Pedrero and Vicente Caidic, inasmuch as the two (2) municipalities adjoin each other. Again, the testimony of said witnesses for the prosecution was bolstered up by that of Vicente Dula, municipal policeman of Pawing, Palo, who saw appellant, in the evening of March 4, 1960, between 9:00 and 10:00 p.m., walking between the barrios of Guindapunan and Pawing, about 1 or 2 kilometers from the latter: Further corroboration is supplied by the fact that, after conducting an investigation of the occurrence, in the course of which appellant was named as the culprit, Dula looked for appellant and found him in the farm-house of Felino Capaico, in Pawing, in the evening of March 6, 1960; that appellant then had the knife, Exh. B, in his pocket; and that, upon inquiry by Dula, appellant admitted that Exh. B was the instrument with which he had stabbed Potenciano Barbasa. There is absolutely no evidence that Dula had any particular reason to risk a prosecution for perjury in order to assure appellant’s conviction.

WHEREFORE, the decision appealed from is hereby affirmed, with costs against appellant Mariano Daga. It is so ordered.

Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1967 Jurisprudence                 

  • G.R. No. L-27583 October 10, 1967 - MARGARITO J. LOFRANCO v. JESUS JIMENEZ, SR.

  • Adm. Case No. 528 October 11, 1967 - ANGEL ALBANO v. PERPETUA COLOMA

  • G.R. No. L-16315 October 10, 1967 - COMMISSIONER OF INTERNAL REVENUE v. HAWAIIAN-PHILIPPINE COMPANY

  • G.R. No. L-23124 October 11, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. MANILA PORT SERVICE, ET AL.

  • G.R. Nos. L-23638 and L-23662 October 12, 1967 - DIONISIO FERNANDEZ, ET AL. v. ISMAELA DIMAGIBA

  • G.R. No. L-27394 October 13, 1967 - ARMANDO V. AMPIL v. CORAZON JULIANO- AGRAVA, ET AL.

  • G.R. No. L-27516 October 19, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-28071 October 13, 1967 - PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • A.C. No. 736 October 23, 1967 - MANUEL R. GO v. ROMULO CANDOY

  • G.R. No. L-19804 October 23, 1967 - LEON BALBAS, ET AL. v. MELECIO R. DOMINGO

  • G.R. No. L-24693 October 23, 1967 - ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC., ET AL. v. CITY MAYOR OF MANILA

  • G.R. No. L-25162 October 23, 1967 - CHAMPION AUTO SUPPLY CO., INC. v. BUREAU OF CUSTOMS, ETC.

  • G.R. No. L-25362 October 23, 1967 - HARTFORD FIRE INSURANCE CO. v. CUSTOMS ARRASTRE SERVICE, ET AL.

  • G.R. No. L-25477 October 23, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL.

  • G.R. No. 25478 October 23, 1967 - AMERICAN INSURANCE COMPANY v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. L-25784 October 23, 1967 - FIREMEN’S INSURANCE COMPANY v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-25871 October 23, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-26618 October 23, 1967 - FIREMAN’S FUND INSURANCE COMPANY v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-27077 October 23, 1967 - NORTHERN ASSURANCE COMPANY, LTD. v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-23181 October 24, 1967 - IN RE: TAN SEN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18440 October 25, 1967 - HAWAIIAN-PHILIPPINE COMPANY v. AUDITOR GENERAL OF THE PHIL.

  • G.R. No. L-24757 October 25, 1967 - MARCOS B. COMILANG v. GENEROSO A. BUENDIA, ET AL.

  • G.R. No. L-28089 October 25, 1967 - BARA LIDASAN v. COMMISSION ON ELECTIONS

  • G.R. No. L-21069 October 26, 1967 - MANILA SURETY & FIDELITY COMPANY, INC. v. RODOLFO R. VELAYO

  • G.R. No. L-22488 October 26, 1967 - MATEO C. BACALSO, ET AL. v. MODESTO R. RAMOLETE, ET AL.

  • G.R. No. L-22371 October 26, 1967 - PEOPLE OF THE PHIL. v. MARIANO DAGA

  • G.R. No. L-22392 October 26, 1967 - RURAL TRANSIT EMPLOYEES’ ASSOCIATION v. BACHRACH MOTOR CO., INC., ET AL.

  • G.R. Nos. L-24844 and L-24853 October 26, 1967 - MACARIO AROCHA v. MARTINIANO VIVO, ETC., ET AL.

  • G.R. No. L-19012 October 30, 1967 - VICTORIA JULIO v. EMILIANO DALANDAN, ET AL.

  • G.R. No. L-20175 October 30, 1967 - MARIA A. GARCIA, ET AL. v. RITA LEGARDA, INC.

  • G.R. No. L-20432 October 30, 1967 - JOSE MANALANG, ET AL. v. ARTEX DEVELOPMENT CO., INC., ET AL.

  • G.R. No. L-20911 October 30, 1967 - PEOPLE OF THE PHIL. v. SULPICIO DE LA CERNA, ET AL.

  • G.R. No. L-22082 October 30, 1967 - PEOPLE OF THE PHIL. v. ISABEL P. DEL CARMEN

  • G.R. No. L-23715 October 30, 1967 - STATE BONDING & INSURANCE CO., INC. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-23797 October 30, 1967 - JUAN E. SEVILLA v. LEONCIO PARINA, ET AL.

  • G.R. No. L-23811 October 30, 1967 - PHILIPPINE EDUCATION CO., INC. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-27341 October 30, 1967 - IN RE: P.J. KIENER COMPANY, LTD., ET AL.

  • G.R. No. L-28055 October 30, 1967 - REPUBLIC OF THE PHIL. v. DELFIN MONTANO, ET AL.

  • G.R. No. L-21258 October 31, 1967 - FILIPINAS LIFE ASSURANCE COMPANY v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-22459 October 31, 1967 - ANTONIO V. ROQUE v. BIENVENIDO P. BUAN, ET AL.

  • G.R. No. L-22555 October 31, 1967 - PHILIPPINE IRON MINES, INC. v. TOMAS ABEAR, ET AL.

  • G.R. No. L-23090 October 31, 1967 - PANGASINAN TRANSPORTATION CO., INC. v. NICASIO A. YATCO, ET AL.

  • G.R. No. L-20303 October 31, 1967 - REPUBLIC SAVINGS BANK v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-20346 October 31, 1967 - CITY MAYOR, ET AL. v. CHIEF PHILIPPINE CONSTABULARY, ET AL.

  • G.R. No. L-21473 October 31, 1967 - PERFECTO D. KORDOVEZ v. SOFRONIO C. CARMONA

  • G.R. No. L-21556 October 31, 1967 - PHILIPPINE SURETY & INSURANCE CO., INC. v. BEATRIZ ZABAL

  • G.R. No. L-22206 October 31, 1967 - FRANKLIN BAKER COMPANY OF THE PHIL. v. FLORENCIO DIAMANTE, ET AL.

  • G.R. No. L-22538 October 31, 1967 - PHILIPPINE NATIONAL BANK v. PRIMITIVA MALLORCA

  • G.R. No. L-22576 October 31, 1967 - ALPHA INSURANCE & SURETY CO. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-23566 October 31, 1967 - ELENA L. GARCIA v. ANTONIO J. VILLEGAS, ET AL.

  • G.R. No. L-23636 October 31, 1967 - TABACALERA INSURANCE COMPANY v. MANILA RAILROAD COMPANY, ET AL.

  • G.R. No. L-23848 October 31, 1967 - PORFIRIO RILLORAZA v. PEDRO ARCIAGA, ETC., ET AL.

  • G.R. No. L-24154 October 31, 1967 - PEOPLE OF THE PHIL. v. GREGORIO D. MONTEJO, ET AL.

  • G.R. No. L-22357 October 31, 1967 - PEOPLE OF THE PHIL. v. FELIPE GUMAHIN

  • G.R. No. L-23196 October 31, 1967 - LAUREANO OLIVA v. NICOLAS V. LAMADRID, ET AL.

  • G.R. No. L-23300 October 31, 1967 - ANDRES MANARPAAC, ET AL. v. ROSALINO CABANATAN, ET AL.

  • G.R. No. L-23395 October 31, 1967 - AUYONG HIAN v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-25945 October 31, 1967 - NORBERTO B. PAA v. QUINTIN CHAN

  • G.R. No. L-24106 October 31, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. WARNER, BARNES & CO., LTD., ET AL.