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G.R. No. L-30612 May 3, 1983

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BONIFACIO ALISON, JUANITO ALERTA, ENRICO CABATINGAN, AQUINO ALVAREZ, PABLO MENDOZA, ROMULO CABATINGAN, PEDRO GALUPO, IdOLES CORO, NAZALITO SUBING -SUBING GERARDO SANTIAGO and DOMINADOR ALERTA, Defendants-Appellants.

The Solicitor General for plaintiff-appellee.chanrobles virtual law library

Manuel & Tonogbanua counsel de oficio for defendants-appellants.

RELOVA, J.:

This case is before Us for the review of the decision of the Court of First Instance of Quezon, Branch IV, in Criminal Case No. C-351, dated January 3, 1969, the dispositive portion of which reads:

WHEREFORE, in view of all the foregoing, the four (4) accused AQUINO ALVAREZ, ENRICO CABATINGAN, JUANITO ALERTA and PABLO MENDOZA are hereby CONVICTED with the crime as charged, because their guilt has been proven beyond reasonable doubt, and they are hereby punished to death by electrocution, pursuant to Art. 299 in relation with Arts. 248, 6, 48 and 51 of the Revised Penal Code, as amended by Republic Acts Nos. 12 and 18; while the seven (7) other accused, namely: DOMINADOR ALERTA, BONIFACIO ALISON, IdOLES CORO, NASALITO SUBING-SUBING, ROMULO CABATINGAN, GERARDO SANTIAGO and PEDRO GALUPO, considering their lesser degree of participation and their guilt equally proven beyond reasonable doubt, are hereby CONVICTED and to suffer imprisonment for life or cadena perpetua.; hereby ordering the eleven (11) accused to indemnify the heirs of SGT. GREGORIO CALNEA, and CPL. ALFREDO LLANTINO, the amount of TWELVE THOUSAND (P12,000.00) PESOS for each victim, or a total of TWENTY FOUR THOUSAND (P24,000.00) PESOS, to be divided pro rata among them, but without subsidiary imprisonment in case of insolvency; and, to reimburse Juanito Uy the amount of FOUR THOUSAND THREE HUNDRED THIRTY (P4,330.00) PESOS, and the heirs of Sgt. Gregorio Calnea as well as Capt. Plaridel M. Abaya himself the amount of NINE HUNDRED EIGHTY (P980.00) PESOS, or a grand total of FIVE THOUSAND THREE HUNDRED TEN (P5,310.00) PESOS, in Philippine currency, (representing the cash and articles robbed), with costs de oficio.

On February 20, 1979, this Court issued a resolution as follows: "The motion of accused-appellants Nasalito Subing-Subing and Dominador Alerta, withdrawing their appeal in this case, is GRANTED." chanrobles virtual law library

Likewise, on September 22, 1970, this Court issued this resolution: "The motion of appellants Idoles Coro and Gerardo Santiago praying that they be allowed to withdraw their appeal in this case, is GRANTED." chanrobles virtual law library

And, on April 27, 1972, the case against appellant Bonifacio Alison was dismissed on the ground that on January 26, 1972, he died. "The death of accused-appellant Bonifacio Alison having been established and considering that there is as yet no final judgment in view of the pendency of the appeal, the criminal and civil liability of said accused-appellant Alison was extinguished by his death (Resolution, G.R. No. 30612, April 27, 1972).chanroblesvirtualawlibrarychanrobles virtual law library

" Thus, this appeal concerns Juanita Alerta, Enrico Cabatingan, Aquino Alvarez, Pablo Mendoza, Romulo Cabatingan and Pedro Galupo only.chanroblesvirtualawlibrary chanrobles virtual law library

Records show that on May 3, 1966, the Office of the Provincial Fiscal of Quezon filed an amended information for the crime of robbery in band with double murder and attempted murder against twelve (12) persons, namely: Juanito Alerta, Dominador Alerta, Enrico Cabatingan, Bonifacio Alison, Idoles Coro, Aquino Alvarez, Pablo Mendoza, Nazalito Subing-Subing, Romulo Cabatingan, Gerardo Santiago, Pedro Galupo and Valeriano Jimenez. The last named accused, Valeriano Jimenez, was discharged with his consent from the information, upon motion of the prosecuting fiscal and made a state witness.chanroblesvirtualawlibrary chanrobles virtual law library

On March 17, 1966, the abovenamed defendants met together in Burias Island and there planned to rob Juanito Uy, who was known to be wealthy. Valeriano Jimenez was to guide the group of the Uy's residence in San Narciso, Quezon because, being a tenant of the latter, he knew the place.chanroblesvirtualawlibrary chanrobles virtual law library

The plan was, Aquino Alvarez, Enrico Cabatingan, Juanito Alerta, and Pablo Mendoza would enter the house of the intended victim, and execute the robbery; and the rest were to form an armed cordon around the premises.chanroblesvirtualawlibrary chanrobles virtual law library

The group left in a pump boat of Pablo Mendoza from Burias Island to San Narciso at about 6:00 in the afternoon of March 17, 1966. They reached San Narciso about midnight of the same day. On the way, Enrico Cabatingan distributed the firearms which would be used in the commission of the crime. Upon reaching San Narciso, the group went to the Uy's residence, leaving Pedro Galupo at the wharf to guard the boat.chanroblesvirtualawlibrary chanrobles virtual law library

As Valeriano Jimenez was familiar with the place because he had been there several times before, he, together with the group, climbed over the fence and he pointed to them the backdoor of the house through the stairs. They drilled a hole on the door of the kitchen and, thereafter, Juanito Alerta told Jimenez to return to the boat so that he would not be Identified.chanroblesvirtualawlibrary chanrobles virtual law library

It was about 1:00 in the morning of March 18, 1966 when Juanito Uy was awakened by persons who said: "Gising, gising, PC ito," following which one of the armed men asked him: PC ka ba?" Uy answered: "Hindi po." The armed men then tied up Uy's hands and he was asked where his guests, the PC men, were sleeping. Threatened and coerced, he pointed the room, which was then lighted with a native gas lamp, of PC Lt. Plaridel Abaya, PC Sgt. Gregorio Calnea and PC Cpl. Alfredo Llantino. Pushing the door open, one of the armed men shouted: "Huwag lalaban, huwag kikilos," and immediately Enrico Cabatingan, Aquino Alvarez, Pablo Mendoza and Juanito Alerta commenced firing. Aquino Alvarez then approached Lt. Abaya's bed and said: "Ito PC rin? Papatayin ko na. " Juanito Alerta replied: " Huwag." chanrobles virtual law library

Lieutenant Abaya's hands, like Juanito Uy's were hogtied, after which they were taken down the ground floor of the residence where the safe was located. Uy was ordered to open it and then ordered to lie face down on the cement floor. The men got the money and even remarked that the amount was not much.chanroblesvirtualawlibrary chanrobles virtual law library

The men brought Uy outside his residence and was ordered to go with them to the wharf. As they ran, Juanita Uy was directed to shout, repeatedly: "I am Juanito, policemen, PC, don't fight." Upon reaching the wharf and before the men boarded the boat, Juanito was made to lie face down.chanroblesvirtualawlibrary chanrobles virtual law library

Upon his return to his residence, Juanito found papers scattered on the floor, one of the PC men already dead and the other hovering between life and death. He discovered that the group had taken P3,500.00 from the safe, his .22 caliber magnum revolver and wallet containing personal papers and some cash.chanroblesvirtualawlibrary chanrobles virtual law library

Philippine Constabulary Sgt. Gregorio Calnea and Cpl. Alfredo Llantino died of severe hemorrhage due to multiple gunshot wounds in the chest, abdomen, head and other parts of the body, all of which according to Dr. Ziegfredo Cabungkal and Dr. Hilarion Tan, Jr. were caused by different weapons.chanroblesvirtualawlibrary chanrobles virtual law library

Herein appellants were arrested in Masbate in the last week of April 1966. Their extra judicial statements, wherein they admitted their participation in the incident, were taken and sworn to before City Judge Aquilino Villanueva.chanroblesvirtualawlibrary chanrobles virtual law library

The defense is alibi, the appellants c g that on March 17, and 18, 1966 they were in Masbate and therefore had nothing to do with the robbery and death of the two (2) PC soldiers in San Narciso, Quezon; that upon their arrest they were hogtied and maltreated by the PC soldiers who forced them to sign prepared statements; and that the arresting officers were accompanied by Valeriano Jimenez from whom they inquired why he pointed to them and Jimenez answered that he could no longer endure the punishment inflicted upon him by the PC soldiers.chanroblesvirtualawlibrary chanrobles virtual law library

After consideration of all the evidence presented and relying on the testimonies of eyewitnesses Juanito Uy, PC Lt. Plaridel Abaya and Valeriano Jimenez, the trial court disregarded the alibi interposed by the appellants and convicted them of the crane charge, saying:

With the foregoing principles as our guidelines, may we register our observation that practically all witnesses for the accused have invoked the defense of alibi and that their affidavits or extrajudicial confessions were allegedly extracted thru maltreatment, so that may we quote the following doctrines: 'Alibi is one of the weakest defenses that can be resorted to by an accused. Either or both of the following reasons were used by the Supreme Court in rejecting the defense of alibi. (1) the place where the accused claimed he was at the time of the commission of the offense was not of such a distance from the place of commission as to make it impossible for him to be at the latter place at or about the tune of the commission of the crime; and (2) positive Identification of the accused by witnesses.chanroblesvirtualawlibrary chanrobles virtual law library

Illustrating the first is the case of People vs. Secapuri, which held that 'for the defense of alibi to succeed, it should be shown to the satisfaction of a prudent mind that the distance between the places where the accused claimed to be and where the crime was committed is such that it would have been clearly impossible for him to be at the latter at the time of the crime. (G. R. No. 21419, September 29, 1966, et al. In this case the place of origin of the accused is Masbate, an island that is about 4 to 5 hours to traverse up to San Narciso, Quezon by pump-boat of Pablo Mendoza.chanroblesvirtualawlibrary chanrobles virtual law library

An extra-judicial confession made by an accused, shag not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti.chanroblesvirtualawlibrary chanrobles virtual law library

What is meant by' evidence of corpus delicti? This phrase was explained by the Supreme Court in the case of People v. Abrera, when it pointed out that 'the rule that an extrajudicial confession to be sufficient must be corroborated by evidence of corpus delicti does not mean that all the elements of the crime must be clearly established by evidence independent of that confession. It only means that there should be some evidence tending to show the commission of the crime apart from the confession. (G.R. No. 18760, September 29, 1966). There is no doubt that the corroborative testimonies of the government witnesses, except for minor details substantiate the facts contained in the affidavits of the accused which are all true.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx chanrobles virtual law library

In this case, some of the accused were not only investigated by PC soldiers, but also by Fiscals Jose Veluz Jr., and Celso B. Florido in the Office of the Provincial Fiscal of Quezon, and one by one tile affiants were sworn to inside the room of Lucena City Judge Aquilino Villanueva. If they were truly maltreated and forced into signing their statements they had all the opportunity to complain. Besides, they had counsel departe who failed to appear during the investigation although he promised to come. Their silence, therefore, militates against their clamour that they were punished." (Decision, pp. 65-69, January 3, 1969) chanrobles virtual law library

Hereunder is the testimony of Juanito Uy:

Q Can you Identify these people who entered your room if they are shown to you? chanrobles virtual law library

A Yes, sir, but not all of them.chanroblesvirtualawlibrary chanrobles virtual law library

Q How many could you possibly Identify if they are shown to you? chanrobles virtual law library

A Two (2).chanroblesvirtualawlibrary chanrobles virtual law library

Q If they are around the courtroom will you please point to them, please look over the room?

(At this juncture, the witness is going down the witness stand and pointing to the accused who when asked their names answered 'Aquino Alvarez' then witness also pointed to one of the accused who gave his name as Pablo Mendoza.

ATTY. BALBIN: chanrobles virtual law library

Q Who among these two (2) focused his flashlight to you? chanrobles virtual law library

A Pablo Mendoza.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q Who pointed the gun to you? chanrobles virtual law library

A Aquino Alvarez and Pablo Mendoza with a flashlight and a gun.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Next question.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. BALBIN: chanrobles virtual law library

Q What kind of firearm was Pablo Mendoza holding? chanrobles virtual law library

A A short firearm.chanroblesvirtualawlibrary chanrobles virtual law library

Q How about Alvarez what kind of did he hold? chanrobles virtual law library

A A long firearm.chanroblesvirtualawlibrary chanrobles virtual law library

Q How about the other fellow whom you said you could not recognize? chanrobles virtual law library

A A long firearm.chanroblesvirtualawlibrary chanrobles virtual law library

Q After that what was done to you? chanrobles virtual law library

Atty. MARTINEZ: chanrobles virtual law library

Leading, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Other question.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. BALBIN: chanrobles virtual law library

Q What happened next? chanrobles virtual law library

A While I was told to lie and face downward they tore my undershirt which they used in hogtying me.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q What portion of your body was tied? chanrobles virtual law library

A My two (2) hands.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. BALBIN: chanrobles virtual law library

Q Now, what happened next? chanrobles virtual law library

A Afterwards they stood me up and asked me where is the PC and I told them over there.chanroblesvirtualawlibrary chanrobles virtual law library

Q After that will you please tell this Honorable Court what happened next? chanrobles virtual law library

A They were ordering me to open the room and because I could not open the room, one of them open the room.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who particularly opened the room and how was it opened? chanrobles virtual law library

A I do not remember.chanroblesvirtualawlibrary chanrobles virtual law library

Q How? chanrobles virtual law library

A They just open with their hands.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. BALBIN: chanrobles virtual law library

Q Now, do you know that one of them was able to open the door? chanrobles virtual law library

COURT: chanrobles virtual law library

Q Wait a minute, what happened when the door was opened? chanrobles virtual law library

A One of them shouted 'Don't move Huwag lalaban huwag kikilos," after that Aquino Alvarez fired at them, at the PC men.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. BALBIN: chanrobles virtual law library

Q What happened next? chanrobles virtual law library

A I saw a PC trying to grab the gun of one of the 3 men and one fell from the bed to the floor and Lt. Abaya's right hand was at his nape while lying down in his bed.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q And then what happened? chanrobles virtual law library

A One was taking me downstairs and that he took my eyeglasses inside the room and then put them on me, and then we went downstairs.chanroblesvirtualawlibrary chanrobles virtual law library

Q What else happened next? chanrobles virtual law library

A Afterwards they ordered me to open the safe, which I opened and then ordered me to lie face down on cement floor. (TSN, pp. 13-16, July 22, 1966 hearing).chanroblesvirtualawlibrary chanrobles virtual law library

and of Lt. Plaridel Abaya: chanrobles virtual law library

Q When you were awakened by the indiscriminate firing at Sgt. Calnea and Cpl. Llantino who were sleeping then, what happened next? chanrobles virtual law library

A After the tremendous gun fire one of the armed men approached me and said 'Ito PC rin, papatayin ko na' chanrobles virtual law library

COURT: (Interrupts) chanrobles virtual law library

Wait a minute which in English means 'This one is also PC, I win kill him now.' chanrobles virtual law library

SPECIAL COUNSEL FLORIDO: (answers the Court) chanrobles virtual law library

Yes, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

SP. COUNSEL FLORIDO: chanrobles virtual law library

Q What about the other persons there? chanrobles virtual law library

COURTS: (interrupts) chanrobles virtual law library

Q Have you recognized the persons who said that? chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who, is he? chanrobles virtual law library

A (WITNESS descended the witness stand and pointing to one of the accused inside the Courtroom, who when asked his name answering by the name of AQUINO ALVAREZ).chanroblesvirtualawlibrary chanrobles virtual law library

COURT: (to witness) chanrobles virtual law library

You may return now to the witness stand Lieutenant.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx chanrobles virtual law library

Q Now, did you recognize the four (4) persons? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q If they are here in the Courtroom will you please point to them? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Please do? chanrobles virtual law library

COURT: (to witness)

Please go down again from the witness stand.

A (WITNESS pointing to a person near him and when asked what is his name answered by the name of ENRICO CABATINGAN, next is the other accused answering by the name of AQUINO ALVAREZ, the other one answered by the name of PABLO MENDOZA, and still another one answering by the name of JUANITO ALERTA.) chanrobles virtual law library

COURT: (to witness Lt. Abaya) chanrobles virtual law library

You may return now Lieutenant.chanroblesvirtualawlibrary chanrobles virtual law library

SP. COUNSEL FLORIDO: chanrobles virtual law library

Q Were you able to ascertain what kind of weapon caused the tremendous gun fire as you stated? chanrobles virtual law library

A A thompson, a caliber.45 and some were short firearms.chanroblesvirtualawlibrary chanrobles virtual law library

Q Of those four (4) persons you have just mentioned and Identified, do you know what Aquino Alvarez was holding on that fateful night? chanrobles virtual law library

A Aquino Alvarez held a Thompson.chanroblesvirtualawlibrary chanrobles virtual law library

Q About Enrico Cabatingan? chanrobles virtual law library

A I do not know, but it was a short firearm.chanroblesvirtualawlibrary chanrobles virtual law library

Q How about Pablo Mendoza, what kind of weapon is he holding on that fateful night? chanrobles virtual law library

A I do not know the exact caliber, but it was a short firearm.chanroblesvirtualawlibrary chanrobles virtual law library

Q How about Juanito Alerta? A He was holding a.45 Caliber pistol chanrobles virtual law library

COURT: chanrobles virtual law library

Q About Pablo Mendoza? chanrobles virtual law library

A He was holding a short firearm, but I do not know the caliber. " (TSN, pp. 33-36, June 22, 1966 hearing) chanrobles virtual law library

and of Valeriano Jimenez, defendant who turned state witness: chanrobles virtual law library

Q You said that you had been a resident of Barrio Maijo San Narciso, Quezon, in whose land or property were you residing in that places?chanrobles virtual law library

A The owner of the land is Manuel (sic) Uy.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know the person of this Manuel (sic) Uy.chanroblesvirtualawlibrary chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx chanrobles virtual law library

Q Now, on March 15, 1966, were you in Barrio Maijo San Narciso, Quezon? chanrobles virtual law library

A I was not there, sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q When did you leave the place? chanrobles virtual law library

A On March 15, 1966 I left for Burias.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. ZEPEDA: chanrobles virtual law library

Q In what place did you go? chanrobles virtual law library

A Pasig, Claveria, Masbate, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q This Pasig that you mentioned, is that a town or what? chanrobles virtual law library

A It is Barrio Pasig, Claveria.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx chanrobles virtual law library

Q Now, while you were there on March 16, 1966, in Pasig, Claveria, do you remember if you had any conversation with anybody there? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q What was that conversation? chanrobles virtual law library

A I talked with Juanito Alerta, sir.

xxx xxx xxx

Q After you have just answered that you have just arrived to Juanito Alerta, what else transpired? chanrobles virtual law library

A Juanito Alerta said to me-"It is good you were here friend, because we have important thing to talk about." chanrobles virtual law library

ATTY. ZEPEDA: chanrobles virtual law library

Q After Juanito Alerta told you that you have an important thing to talk about, what else transpired, if any? chanrobles virtual law library

A He told me further that I wait for a few minutes because I will send for Enrico Cabatingan from Cataiñgan chanrobles virtual law library

Q And after you were told that he will send for Enrico Cabatingan, what transpired if any? chanrobles virtual law library

A He did not talk anything except ordered Pablo to fetch Enrico Cabatingan.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who is this Pablo? chanrobles virtual law library

A Pablo Mendoza.chanroblesvirtualawlibrary chanrobles virtual law library

Q As far as you know did Pablo comply to fetch Enrico Cabatingan? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q And if Enrico Cabatingan was fetched by Pablo Mendoza, what date did he arrive.chanroblesvirtualawlibrary chanrobles virtual law library

March 17.chanroblesvirtualawlibrary chanrobles virtual law library

Q You mentioned Juanito Alerta, could you point him if he is here inside the Courtroom? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Please point to Juanito Alerta? chanrobles virtual law library

A (WITNESS pointing to a certain person inside the Courtroom who when ask his name responded by the name of Juanita Alerta.) chanrobles virtual law library

Q You also mentioned a certain Pablo Mendoza, if he is here inside the Courtroom, win you please point to him? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Please do so? chanrobles virtual law library

A (WITNESS pointing to a person inside the Courtroom who when ask his name responded by the name of Pablo Mendoza.) chanrobles virtual law library

Q You said that Pablo Mendoza was ordered to fetch Enrico Cabatingan and who arrived on March 17, 1966, is this Enrico Cabatingan inside the Courtroom, will you please point to him? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Please do so? chanrobles virtual law library

A (WITNESS pointing to a person inside the Courtroom who gave his name as Enrico Cabatingan.)

xxx xxx xxx

Q You said that Enrico Cabatingan arrived with five others, who were those five others, if you know them? chanrobles virtual law library

A Pedro Galupo, Nazalito Subing-Subing, Idoles Coro, Aquino Alvarez, and Pablo Mendoza,

xxx xxx xxx

Q What did you reply when they told you that we will rob Manuel (sic) Uy: chanrobles virtual law library

A I told them that I will not go with them because Manuel (sic) Uy is my landlord, but they forced me to accompany them and because I was afraid that I will be killed I was forced to accompany them.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx chanrobles virtual law library

Q After you said you go with them, what transpired next? chanrobles virtual law library

A We rode in a banca.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q When? chanrobles virtual law library

A We rode on a pumpboat at more or less 6:00 p.m., on March 17,1966.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. ZEPEDA: chanrobles virtual law library

Q You said 'we' who were those besides you on board this pumpboat? chanrobles virtual law library

A Bonifacio Alison, Dominador Alerta, Juanito Alerta, Romulo Cabatingan.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who else? chanrobles virtual law library

A Gerardo Santiago, Pablo Mendoza, Enrico Cabatingan, Nazalito Subing-Subing, Pedro Galupo, Aquino Alvarez and Idoles Coro.chanroblesvirtualawlibrary chanrobles virtual law library

Q Could you tell the Court, who was the owner of the pumpboat on which you and the 11 persons you mentioned boarded on that afternoon of March 17, 1966? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who was that? chanrobles virtual law library

A Pablo Mendoza. (TSN, pp. 5-20, February 15, 1967 hearing)

We find nothing in the record which would cast doubt on the credibility of these three witnesses.chanroblesvirtualawlibrary chanrobles virtual law library

We have held in several cases that when the issue is one of credibility of witnesses, appellate courts will generally not disturb the finding of the lower court, considering that it is in a better position to decide the question, having heard the witnesses themselves and observed their deportment and manner of testifying during the trial, unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. (People vs. Garcia, 89 SCRA 440).chanroblesvirtualawlibrary chanrobles virtual law library

In the case at bar, the trial court correctly ruled that alibi is a weak defense not only because it is easy to fabricate but also because human memory on dates or days is frail, and unless the day is an extraordinary or unusual one for the witnesses, there is no reasonable assurance of its correctness. (People vs. Dasig, 93 Phil. 618).chanroblesvirtualawlibrary chanrobles virtual law library

However, the defense contends, and rightly so, that if at all, Romulo Cabatingan and Pedro Galupo should have not been convicted of the complex crime of robbery in band with double murder and attempted murder because from the testimony of defendant Jimenez, who turned state witness, the plan was only to rob Juanito Uy and the killing of the PC soldiers came about only when Aquino Alvarez, Enrico Cabatingan, Juanito Alerta and Pablo Mendoza entered the room where the victims were sleeping. Otherwise stated, the killing or the assault upon the PC soldiers were not known to the other accused who were left outside to guard the premises and to Pedro Galupo who stayed in the pumpboat. The crime committed by these two appellants Romulo Cabatingan and Pedro Galupo is only robbery in band, attended by the aggravating circumstances of nighttime and evident premeditation, punishable by prision mayor in its medium period.chanroblesvirtualawlibrary chanrobles virtual law library

With respect to appellants Aquino Alvarez, Enrico Cabatingan, Juanito Alerta, and Pablo Mendoza who were sentenced to "death by electrocution", for lack of necessary votes, each is hereby sentenced to the next lower penalty of reclusion perpetual.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, as modified in the sense that Aquino Alvarez, Enrico Cabatingan, Juanito Alerta and Pablo Mendoza are each sentenced to suffer reclusion perpetua and that Romulo Cabatingan and Pedro Galupo are each sentenced to SEVEN (7) YEARS, FOUR (4) MONTHS and ONE (1) DAY, as minimum to TEN YEARS of prision mayor, as maximum, the appealed judgment is hereby AFFIRMED in all other respects.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Teehankee, Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro, Melencio-Herrera, Plana, Escolin, Vasquez, and Gutierrez, Jr., JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Aquino, J, took no part.chanroblesvirtualawlibrary chanrobles virtual law library

Fernando, C.J., is on official leave.