Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1909 > March 1909 Decisions > G.R. No. 4978 March 1, 1909 - UNITED STATES v. MELECIO MABILING

013 Phil 70:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 4978. March 1, 1909. ]

THE UNITED STATES, Plaintiff-Appellee, v. MELECIO MABILING, Defendant-Appellant.

W. H. Bishop, for Appellant.

Solicitor-General Harvey, for Appellee.

SYLLABUS


1. ROBBERY; SUFFICIENCY OF PROOF; REASONABLE DOUBT. — Upon the facts proven and set out in the decision, the judgment and sentence of the trial court are reversed, with the costs of both instances de officio, and the accused will be set at liberty forthwith.


D E C I S I O N


CARSON, J. :


The accused was convicted of the crime of robbery with force and violence, as defined and penalized in paragraph 4 of article 503 of the Penal Code, and sentenced to twelve years and one day of presidio mayor, with the accessory penalties prescribed by law.

On the night of Sunday, the 29th day of June, 1908, two unknown persons entered the house of the complaining witness, Vicente Llorin, in the barrio of San Pedro, of the municipality of Pagbilao, in the Province of Tayabas. They were accompanied by a third person who remained at or near the door of the house, at the head of the steps which led up to the door. The only occupants of the house were Llorin and his wife. After having lighted a lamp, which they found in the house, the robbers awakened Llorin and his wife, one of them placing the point of his bolo against Llorin’s breast; Llorin succeeded in wresting this bolo from the hands of his assailant, but he was overcome in the fight which ensued, and with his arms tied behind his back was thrown helpless upon the ground. In the course of the fight e received ten wounds on his hands, arms, and body. The robbers demanded money, and took by force from a belt around the woman’s body the sum of one peso, which was all the money in the house, and immediately thereafter took their departure.

The third person who accompanied the two who entered the house took no active part in the commission of the crime, but stood awaiting his companions, at or near the door. Llorin and his wife both testified that they saw and recognized his person by the light of the lamp, and that he was the accused, Melecio Mabiling, a neighbor with whom they had been acquainted for many years. The husband stated that at the time of the robbery the accused wore the same clothes which he had on at the time of the trial; that he did not have on a hat; and that the only thing he said or did was to ask his companions if he, Vicente Llorin, had yet been tied, to which he received an affirmative answer. The husband also stated that the accused stood at the side of the door above the steps while his companions were within the house, and that he recognized him por su traje, su cara y la forma de su cuerpo. The wife testified, among other things, that the accused wore a hat, and that at the time of the robbery he was standing on the steps listening to what was going on, with his body half through the door, and that the only thing the accused said was to ask his companions why they did not throw the man on the ground "with his mouth downwards."cralaw virtua1aw library

The accused, Melecio Mabiling, is a laborer, whose house is not more than a quarter of a mile from the house in which the crime was committed. In the month of March, a few months prior to the robbery, he was seriously wounded in a fight, and was under medical attention until the 15th of April, at which time, according to the testimony of the doctor, his wounds had not yet healed. At the time of the commission of the crime he was able to walk, but with difficulty and with the aid of a cane. He testified that he spent the night during which the crime was committed in the house of a neighbor, Mateo Cabrera, where he had gone to borrow a rope, and that he had not returned to his own house on that night because of the inclemency of the weather, to which he did not dare expose himself as his wounds had not yet completely healed. Cabrera and his wife positively and definitely corroborated his testimony in this regard, the wife adding that having been awakened by her child about midnight, she saw the accused who was at that time asleep; and that the following morning he left the house with the rope which he had come to borrow the night before.

There can be no reasonable doubt that the crime of robbery was committed substantially as described by the complaining witnesses. The only question is as to the accuracy of their identification of the accused as the person who was standing at the door at the time of its commission. The house or cabin were the crime was committed consisted of but one room, so that the light of the lamp should have rendered it easy for the complaining witnesses to identify the accused if it be true that he exposed himself, while he was standing at the door at the time when the robbery was being committed, and yet the contradictions which we find in the very simple story which they related, and the clear and positive testimony of the witnesses to the alibi set up by the accused, are such that we do not think we can hold that the testimony of record established the guilt of the accused beyond a reasonable doubt.

The husband and wife differed in their account of what was said by the accused; the husband testified that the accused did not wear a hat, and that he was standing above the stairs and beside the door, while the wife testified that the accused did wear a hat which she described, and that, while his companions were within the house, he was standing on the stairs with his body halfway through the door. It is not impossible or perhaps improbably that the witnesses were testifying truly as to their recollection of what occurred and what they saw, for it might well be that in the struggle within the house, their attention was not directed to the person standing at the door and to what he said, at the same time; but we are inclined to think that these apparent contradictions are sufficient to raise some doubt as to whether both of the witnesses did in fact see the person standing at the door and identify him as the accused. Both testified that the person who was standing at the door took no direct part whatever in the commission of the crime, and no satisfactory reason is suggested, which could have induced the accused, who know that he was well known to his neighbor whose house was being robbed, to expose himself to identification with his hat off, as testified by the husband, or to push his body through the door in the full light of the lamp, as testified by the wife. That the accused at the time of the robbery was still suffering from the severe wound he had received some months before, was conclusively established, and there would appear to be a certain element of improbability in the contention of the prosecution that he accompanied the robbers on the occasion to the very door of the house; for, while he might have gone with them, either as a guide, or to aid and assist them by watching on the outside, on neither supposition would it appear advisable or necessary for him to mount the steps and expose himself to identification at the very door of his victims, especially in view of his physical condition, which forced him to walk with the aid of a cane.

The witnesses for the defense were definite and positive in their testimony as to the whereabouts of the accused on the night of the robbery, and their evidence is in nowise impeached save only by the contradiction of the complaining witnesses involved in their identification of the accused as one of those who took part in the robbery. In view of all the testimony, and taking into consideration the possibility of mistake on the part of the complaining witnesses, and the possibility of malice, which is suggested by the statement of the accused that he received the wounds from which he suffered in a fight with a relative of the woman who was robbed (a fact which was contradicted but not satisfactorily proven or disproven), we feel ourselves compelled to give the accused the benefit of the doubt and to find him not guilty of the crime with which he was charged.

The judgment and sentence of the trial court are reversed, with the costs of both instances de officio and the accused will be set at liberty forthwith.

Arellano, C.J., Torres, Mapa, Johnson and Willard, JJ., concur.




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March-1909 Jurisprudence                 

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  • [G. R. No. 4937. March 27, 1909.] CRISPULO SIDECO, Plaintiff-Appellee, vs. FRANCISCO PASCUA, Defendant-Appellant.

  • [G. R. No. 4946. March 27, 1909.] THE MANILA RAILROAD COMPANY, Plaintiff-Appellant, vs. MARIA DEL CARMEN RODRIGUEZ, ET AL., Defendants. — Maria del Carmen Rodriguez, Appellant.

  • [G. R. No. 4966. March 27, 1909.] LUCIO BUZON, Plaintiff-Appellee, vs. MAXIMO LICAUCAO, ET AL., Defendants-Appellants.

  • [G. R. No. 5074. March 27, 1909.] VICENTA FRANCO, Plaintiff-Appellant, vs. C. W. O’BRIEN, Defendant-Appellee.

  • [G. R. No. 4192. March 29, 1909.] DAVID SALVACION, Plaintiff-Appellant, vs. EUSTAQUIO SALVACION, Defendant-Appellee.

  • [G. R. No. 4559. March 29, 1909.] TOMAS GUISON Y SALCEDO, Petitioner-Appellee, vs. THE INSULAR GOVERNMENT, Respondent-Appellant.

  • [G. R. No. 4952. March 29, 1909.] TOMAS OLINO, Plaintiff-Appellant, vs. MARIANO MEDINA, Defendant-Appellee.

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  • [G. R. No. 4226. March 31, 1909.] LA COMPANIA GENERAL DE TABACOS DE FILIPINAS, Plaintiff-Appellee, vs. CANDIDA OBED, Viuda de Gallegos, ET AL., Defendants-Appellants.

  • [G. R. No. 4380. March 31, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. ESTANISLAO ANABAN, ET AL., Defendants-Appellants.

  • [G. R. No. 4462. March 31, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. AGRIPINO ZABALLERO, ET AL., Defendants-Appellants.

  • [G. R. No. 4705. March 31, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. ANTONINA LAMPANO and RAYMUNDO ZAPANTA, Defendants-Appellants.

  • [G. R. No. 4885. March 31, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. VIDAL ROLDAN, Defendant-Appellant.

  • [G. R. No. 4894. March 31, 1909.] GEO WHALEN, Plaintiff-Appellant, vs. THE PASIG IRON WORKS, Defendant-Appellee.

  • [G. R. No. 4911. March 31, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. AGUSTIN CONCEPCION, ET AL. ., Defendants-Appellants.

  • G.R. No. 4978 March 1, 1909 - UNITED STATES v. MELECIO MABILING

    013 Phil 70

  • G.R. No. 4761 March 2, 1909 - GUTIERREZ HERMANOS v. MARIANO FUENTEBELLA

    013 Phil 74

  • G.R. No. 4874 March 2, 1909 - MARIANO VELOSO v. ANICETA FONTANOSA

    013 Phil 79

  • G.R. No. 4899 March 2, 1909 - JUANA DIZON v. EDMUNDO ULLMANN

    013 Phil 88

  • G.R. No. 4443 March 4, 1909 - CHO CHUNG LUNG v. FIGUERAS HERMANOS

    013 Phil 93

  • G.R. No. 4929 March 5, 1909 - JUAN BUENCAMINO v. NICASIA VICEO

    013 Phil 97

  • G.R. No. 4979 March 5, 1909 - UNITED STATES v. VICTOR ABLANA

    013 Phil 103

  • G.R. No. 3545 March 6, 1909 - REGINO ARISTON v. MANUEL CEA, ET AL.

    013 Phil 109

  • G.R. No. 3805 March 6, 1909 - ALBINO SARMIENTO v. IGNACIO VILLAMOR

    013 Phil 112

  • G.R. No. 4202 March 9, 1909 - MAMERTO GILLESANIA, ET AL. v. NICOLAS MENASALVAS, ET AL.

    013 Phil 116

  • G.R. No. 4714 March 9, 1909 - UNITED STATES v. EUSEBIO BURIAS, ET AL.

    013 Phil 118

  • G.R. No. 5099 March 9, 1909 - ANGEL ORTIZ v. GRANT TRENT

    013 Phil 130

  • G.R. No. 5144 March 9, 1909 - BEHN, MEYER & CO., LTD. v. COURT OF FIRST INSTANCE OF MANILA, ET AL.

    013 Phil 133

  • G.R. No. 4119 March 11, 1909 - EUGENIA PAGALARAN v. VALENTIN BALLATAN, ET AL.

    013 Phil 135

  • G.R. No. 5000 March 11, 1909 - UNITED STATES v. VICTOR SANTO NIÑO

    013 Phil 141

  • G.R. No. 5007 March 11, 1909 - SONG FO & CO. v. TIU CA SONG

    013 Phil 143

  • G.R. No. 5013 March 11, 1909 - JEREMIAH J. HARTY v. MUNICIPALITY OF VICTORIA

    013 Phil 152

  • G.R. No. 5200 March 11, 1909 - VICENTE BANDOY v. JUDGE OF THE COURT OF FIRST INSTANCE

    013 Phil 157

  • G.R. No. 3894 March 12, 1909 - JUAN IBAÑEZ DE ALCOA v. INSULAR GOVERNMENT

    013 Phil 159

  • G.R. No. 4555 March 12, 1909 - SEVERO HERNANDO v. SEVERO SAMBRANO

    013 Phil 175

  • G.R. No. 4962 March 12, 1909 - UNITED STATES v. VICENTE AGBAYANI

    013 Phil 178

  • G.R. No. 5030 March 12, 1909 - JUAN M. MANZANO v. JOSE TAN SUNCO

    013 Phil 183

  • G.R. No. 4802 March 13, 1909 - ANDRES PUIG, ET AL. v. ANTONIO MERCADO

    013 Phil 186

  • G.R. No. 4776 March 18, 1909 - MANUEL ORMACHEA TIN-CONGCO v. SANTIAGO TRILLANA

    013 Phil 194

  • G.R. No. 5002 March 18, 1909 - MARTIN BELEN, ET AL. v. ALEJO BELEN

    013 Phil 202

  • G.R. No. 3678 March 19, 1909 - CELESTINA SANTOS, ET AL. v. JUANA MARQUEZ, ET AL.

    013 Phil 207

  • G.R. No. 4898 March 19, 1909 - SALVADOR GUERRERO v. LEOPOLDO TERAN

    013 Phil 212

  • G.R. No. 4114 March 20, 1909 - JUAN BRUSAS v. EUTIQUIO INFANTE

    013 Phil 217

  • G.R. No. 4861 March 20, 1909 - F. W. PRISING v. MILTON E. SPRINGER

    013 Phil 223

  • G.R. No. 2935 March 23, 1909 - GOVERNMENT OF THE PHIL. v. GEORGE I. FRANK

    013 Phil 236

  • G.R. No. 3643 March 23, 1909 - AMBROSIA POSTIGO v. DOLORES BORJAL

    013 Phil 240

  • G.R. No. 3683 March 23, 1909 - MARIANO PERFECTO v. MUNICIPALITY OF GUINOBATAN

    013 Phil 245

  • G.R. No. 4275 March 23, 1909 - PAULA CONDE v. ROMAN ABAYA

    013 Phil 249

  • G.R. No. 4610 March 23, 1909 - AGUSTIN GA. GAVIERES v. FLORA BROTO

    013 Phil 266

  • G.R. No. 4891 March 23, 1909 - SOFIA DEVESA v. CRISPIN ARBES

    013 Phil 273

  • G.R. No. 5045 March 23, 1909 - GUILLERMO BOWLER v. PASTRO ALCAZAR

    013 Phil 282

  • G.R. No. 4796 March 25, 1909 - UNITED STATES v. SILVERIO PEREZ, ET AL.

    013 Phil 287

  • G.R. No. 4912 March 25, 1909 - UNITED STATES v. EMILIA GUY-SAYCO

    013 Phil 292

  • G.R. No. 5008 March 25, 1909 - IN RE: MANUELA AMANCIO TOMAS, ET AL. v. JORGE PARDO

    013 Phil 297

  • G.R. No. 3413 March 27, 1909 - POMPOSA BONJOC, ET AL. v. CANDELARIO CUISON

    013 Phil 301

  • G.R. No. 3876 March 27, 1909 - RUFINA YATCO v. JESUALDO GANA

    013 Phil 305

  • G.R. No. 4053 March 27, 1909 - IN RE: SERAFIN CANO URQUISA

    013 Phil 315

  • G.R. No. 4575 March 27, 1909 - TEODORICA ENDENCIA CUSAR v. INSULAR GOVERNMENT

    013 Phil 319

  • G.R. No. 4783 March 27, 1909 - LUCIO J. BUZON v. INSULAR GOVERNMENT, ET AL.

    013 Phil 324

  • G.R. No. 4799 March 27, 1909 - AGRIPINO SEGOVIA v. PROVINCIAL BOARD OF ALBAY, ET AL.

    013 Phil 331

  • G.R. No. 4825 March 27, 1909 - UNITED STATES v. BERNARDO SANCHEZ

    013 Phil 337

  • G.R. No. 4882 March 27, 1909 - RUPERTO MONTINOLA v. LUCRECIO HOFILENA, ET AL.

    013 Phil 339

  • G.R. No. 4937 March 27, 1909 - CRISPULO SIDECO v. FRANCISCO PASCUA

    013 Phil 342

  • G.R. No. 4946 March 27, 1909 - MANILA RAILROAD COMPANY v. MARIA DEL CARMEN RODRIGUEZ, ET AL.

    013 Phil 347

  • G.R. No. 4966 March 27, 1909 - LUCIO BUZON v. MAXIMO LICAUCAO, ET AL.

    013 Phil 354

  • G.R. No. 5074 March 27, 1909 - VICENTA FRANCO v. C. W. O’BRIEN

    013 Phil 359

  • G.R. No. 4192 March 29, 1909 - DAVID SALVACION v. EUSTAQUIO SALVACION

    013 Phil 366

  • G.R. No. 4559 March 29, 1909 - TOMAS S. GUISON v. INSULAR GOVERNMENT

    013 Phil 374

  • G.R. No. 4952 March 29, 1909 - TOMAS OLINO v. MARIANO MEDINA

    013 Phil 379

  • G.R. No. 4329 March 30, 1909 - UNITED STATES v. EPIFANIO MAGCOMOT, ET AL.

    013 Phil 386

  • G.R. No. 4226 March 31, 1909 - LA COMPANIA GENERAL DE TABACOS DE FILIPINAS v. CANDIDA OBED, ET AL.

    013 Phil 391

  • G.R. No. 4380 March 31, 1909 - UNITED STATES v. ESTANISLAO ANABAN, ET AL.

    013 Phil 398

  • G.R. No. 4462 March 31, 1909 - UNITED STATES v. AGRIPINO ZABALLERO, ET AL.

    013 Phil 405

  • G.R. No. 4705 March 31, 1909 - UNITED STATES v. ANTONINA LAMPANO, ET AL.

    013 Phil 409

  • G.R. No. 4885 March 31, 1909 - UNITED STATES v. VIDAL ROLDAN

    013 Phil 415

  • G.R. No. 4894 March 31, 1909 - GEO WHALEN v. PASIG IRON WORKS

    013 Phil 417

  • G.R. No. 4911 March 31, 1909 - UNITED STATES v. AGUSTIN CONCEPCION, ET AL.

    013 Phil 424