THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAYMUNDO MARANAN, AGAPITO TORANO, AND DOMINADOR GALARIO, DEFENDANTS-APPELLANTS.

Accused of robbery in band with
homicide and serious physical injuries, defendants Raymundo Maranan, Dominador Galario and Agapito Torano were, after due
trial under a plea of not guilty, convicted as charged, but sentenced, for the
crime of robbery in band with homicide, to the extreme penalty, and to indemnify
the heirs of Tan Gnat in the sum of P6,000.00, and, for the crime of physical
injuries, to an indeterminate penalty ranging from six (6) years, eight (8)
months and one (1) day of prision mayor
to twelve (12) years and one (1) day of reclusion temporal, with the
corresponding accessory penalties and to jointly and severally indemnify Tan Hoc
in the sum of P5,656.70, with costs. Hence, this appeal by
said defendants.

It is not disputed that, while
Tan Hoc was in his Bakery and Grocery Store, in San Vicente, Calapan, Oriental Mindoro,
together with Tan Guat, on December 5,
1959, at
about 8:00 p.m., somebody knocked at the door.
As Tan Hoc opened it, a man handed him P0.20, stating that he wanted to buy
cigarettes with it. When, after picking up the cigarettes, Tan Hoc tried to
deliver the same, he found the supposed buyer of cigarettes pointing at him an
open “balisong” knife, accompanied by three (3)
persons, later identified as defendants Raymundo Maranan, Dominador Galario and Agapito Torano, one of whom had a knife, whereas the others had a
pistol each. Thereupon, the malefactors entered the store tied the hands of Tan
Hoc and Tan Guat in their back. Soon later, they were
tied to the legs of a table. After ransacking in the premises in search for
money, the malefactors later blindfolded and gagged the Chinese of the
malefactors then said “Let us finish them because they know us”, whereupon, Ton
Hoc heard Tan Guat moaning. Soon thereafter, Tan Hoc
became unconscious in consequence of several blows in his head. When he came to,
Tan Guat was dead with eight (8) incise stab wounds, a
lacerated wound, a fracture and a contusion. Tan Hoc, in turn, had multiple
injuries on the head, aside from a blackeye, and
several contusions, which required hospitalization for about forty-five (45)
days. Moreover, four (4) watches, worth about P400, and the sum of P5,260.70, in addition to a ring and fountain pen worth P25.00
and P11.00 respectively, were found missing.

Tan Hoc testified that appellants
Raymundo Maranan, Dominador Galario and Agapito Torano are the persons who
accompanied the malefactors who pretended to buy cigarettes; that Maranan had a pistol and it was he who inquired from Tan Hoc
about the place where money was kept; that Torano was
the malefactor who accompanied Tan Hoc to the place indicated by the latter;
that Galario was one of those who tied Tan Guat; and that Tan Hoc was tied by Torano and Maranan.

Moreover, according to Porfirio Macatangay, a bus
dispatcher of the Mindoro Transportation Co., the
office of which is adjacent to Tan Hoc’s store, on December 5,
1959,
between 5 and 6 p.m., appellant Galario had been in said office, sometimes sitting on one of
the benches therein reading newspaper, and when he (Macatangay) left his office, at about 7:30
p.m., he
saw four men, including appellants Galario, Torano and Maranan conversing at
the sidewalk in front of said office.

On December 9,
1959,
Maranan and Torano executed
before the Clerk of Court of Oriental Mindoro their
respective affidavits, Exhibits B and E, admitting their Participation in the
commission of the crime, charged. Two (2) days later, Galario made before the same officer, a similar sworn
statement (Exhibit C). In addition to revealing that he had stabbed Tan Guat with the “balisong” Exh. L, Galario indicated to the
peace officers who investigated him, the place where he had hidden his share of
the loot (at the foot of the ladder of his house), where the sum of P54.00,
wrapped in a piece of paper, was found.

Prior thereto, or on December 8,
or 9, at about 10 a.m., appellants had reenacted, in the presence of the
Provincial Fiscal, the Assistant Provincial Fiscal, an officer of the
Constabulary, a photographer – who took several pictures (Exhibits G, G-l to
G-5, H, H-l to H-4, I, I-1, J, J-l, K, K-l and K-2) of the proceedings and many
other persons, the commission of the crimes, at the very scene
thereof.

A complaint was, accordingly,
filed with the then Justice of the Peace Court of Calapan, Mindoro Oriental,
charging appellants and one Esteban Manalo, alias
Esteban Hernandez, with said crime, but eventually, Esteban Manalo was not included in the information, he being still
at large.

The main question raised in this
appeal is whether or not the lower court has erred in not sustaining the
respective alibis of herein appellants. In this connection, Torano would have us believe that on December 5, 1959 he was
in the municipality of Baco, Oriental Mindoro he having been arrested for alleged disorderly
conduct, owing to drunkenness, and detained in the municipal jail of that
locality, from 6:30 p.m., to midnight Although the testimony of policemen Basilio Diokno and Silvestre
Corrales, as well as that of one Casiano Amorado, were introduced by the defense in support of this
pretense, the lower court gave no credence thereto, and we think correctly, for
it is not borne out by the blotter of Baco.

So too, Galario and his alleged mistress, one Maria Mendoza,
testified that he left their home in Baba, Calapan,
Oriental Mindoro, on December 3, 1959 and proceeded to
Taysan, Batangas, from
whence he did not return until December 6. It should be noted, however, that,
upon investigation by the authorities, Galario admitted having participated in
the commission of the crime charged and even led them to the place where he had
buried his share of tile loot. Indeed, Porfirio Macatan, gay, a bus dispatcher of the Mindoro Transportation Co., the office of which is adjacent
to the store of Tan Hoc, testified that he saw the appellants loitering in the
vicinity thereof in the evening of the occurrence, thus corroborating Tan Hoe’s
testimony about Galario’s presence therein at that
time. Galario’s alibi is thus obviously
untenable.

So is that of appellant Maranan, who claimed to have spent the evening of
December 5,
1959,
with his wife, in their house, in New Baco, Oriental
Mindoro, making lanterns up to midnight. Although one Anacleto Andrade sought to corroborate this alibi, the lower
court found the evidence for the defense in support thereof unworthy of credence
and the record before us does not warrant interference with the conclusion thus
reached in the decision appealed from, not only because of the aforementioned
testimony of Macatangay, but also, because His Honor,
the trial Judge, has had better opportunity, than that afforded us, to observe
the behavior of the witnesses during the trial and hence, to gauge their
veracity.

We agree, however, with
appellants Maranan and Galario, that they and appellant Torano have committed, not two (2) crimes as held by the
lower, but only one (l) crime, namely, that provided for in Art. 294, subdivision (1) of the Revised Penal Code. In view of
the Presence of the aggravating circumstances of nighttime, dwelling and aid of
armed men, aside from, as regards appellant Maranan,
that of recidivism, he having been previously convicted by final judgment of the
crime of homicide no other penalty than the maximum of that prescribed in said
Art 294 (1), or death, should be imposed upon the appellants.

WHEREFORE, with the elimination of the
indeterminate sentence imposed in the decision appealed from, the same is hereby
affirmed in all other respects, with costs against appellants herein.

SO
ORDERED.

Bengzon, J.P., C.J., Bautista Angelo,
Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala, Bengzon, J.P. and Makalintal concur.