[ G.R. No. L-16491. November 29, 1962 ]

[ G.R. No. L-16491. November 29, 1962 ]

G.R. No. L-16491

[ G.R. No. L-16491. November 29, 1962 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SIMEON PAULIN, MATIAS POROC, GREGORIO MAGABOYBOY AND MANUEL YONGCO, DEFENDANTS-APPELLANTS.

D E C I S I O N

APPEAL from the Court of First Instance of Misamis Occidental.

SUMMARY

Appealel judgment finding guilty and convicting the four above-named accused of the crime of murder and imposing the penalty of twenty (20) yeas of reclusion temporal for each and to indemnify the heirs of the victim. The testimonies of the witnesses and evidence for the prosecution consisted of direct, corroborating and circumstancial evidence that all tended to show and point to the guilt of the four accused and positively established their identities as the perpetrators of said crime. On the other hand, aside from unsuccessfully attacking the credibility of the witnesses for the prosecution, the accused mainly relied for their defense on alibi.

Judgment appealed from is affirmed with modification as to the principal penalty.

RULING

The alibi of Simeon Paulin cannot prevail over the positive identification of him and his co-appellants by witnesses for the prosecution. The alibi of Manuel Yongco cannot be given

credence as he had known Capistrano Lacua only two days before, so that it is difficult to believe that the latter would entrust a cance to him (Yongco) and make him gather nipa and make shingles. There being no mitigating nor aggravating circumstance, the penalty to be imposed upon each of the appellants, pursuant to Article 240 of the Revised Penal Code, is the medium period of reclusion perpetua.