People of the Philippines vs Condemena
G.R. No. L-22426, May 29, 1968
23 SCRA 910
Facts: Pelagio Condemena, Casamero Patino, Ricarido Causing and Simplicio Aniel were charged with the crime of robbery in band with homicide in the Court of First Instance of Leyte, with the qualifying circumstance of treachery, and aggravating circumstances of nocturnity, abuse of superior strength and dwelling.
After trial, the court found all the accused guilty beyond reasonable doubt of the crime of robbery in band with homicide without, however, making a finding on any of the aggravating circumstances alleged in the information, instead it took into consideration the lack of instruction and education in mitigation of their criminal liability. Pending their appeal in this Court, Pelagio Condemena, Ricarido Causing and Casamero Patino withdrew their appeal which was granted in a resolution. As the record now stands, only Simplicio Aniel remained as the appellant.
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Appellant Simplicio Aniel, in exculpation, interposed the defense of alibi. He presented Benjamin (Benigno) Corpin, a 73-year old man, who testified that on October 6, 1962, he was in the market fair of Celso Muertigue in Wague, Leyte, selling salted fish. His companion on that date was Simplicio Aniel whom he hired to help him. The two of them left Considra (or Consuegra), Leyte, at 7:00 o’clock in the morning and returned home to Considra from the market fair at 5:00 o’clock in the afternoon of the same day. They arrived together in his house at Considra where the two of them took their meals. Then after that, Simplicio Aniel went to his house. Aniel’s house was only about 10 to 15 meters away from his home. The defense argued that the identification in open court made by Barcelisa Lamoste and her daughter, Esmeralda Lamoste, should not have been considered by the that court as a “positive identification” which could sustain the conviction of Simplicio Aniel for the crime charged.
Issue: Whether or not appellant Simplicio Aniel has been sufficiently identified as one of the four men who participated in the commission of the crime charged?
Held: Yes. Well settled is the rule that the defense of alibi is weak where the prosecution witnesses positively identified the accused. To prosper such a defense, it must be established by clear and convincing evidence and not merely supported by witnesses who bear close ties of relationship to the accused. The degree of the evidence trust be such as to preclude any doubt that the accused could not have been physically present at the place of the crime or its immediate vicinity, at the time of its commission.
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Barcelisa Lamoste, in the words of the trial judge who had personally seen and observed her behavior and manner of testifying on the witness stand, “unhesitantly and unmistakenly” pointed to Simplicio Aniel as the person who rushed towards her and pointed his gun, about one foot long, at her face, warning her at the same time not to shout or else she will be killed. Esmeralda Lamoste substantially corroborated the testimony of her mother. And Crispin Bactol’s testimony has demonstrated a circumstance of strong persuasion when he recognized Condemena and his companions when they were passing in front of his house. The credibility of their testimony was never successfully impugned by the defense whom they were cross-examined on the witness stand. No motive was shown by the defense why these witnesses should impute so grave a crime to Simplicio Aniel who they did not even know before the crime was committed.
The positive identification of appellant Simplicio Aniel was further bolstered when Pelagio Condemena and Casamero Patino, in their sworn statements named Simplicio Aniel as one of them in the group when they killed Fermin Lamoste and robbed the house of P200.00 on October 6, 1962, at about 6:00 o’clock in the afternoon.
Extrajudicial confessions, independently made without collusion, which are identical with each other in their essential details and are corroborated by other evidence on record, are admissible as circumstantial evidence against the person implicated to show the probability of the latter’s actual participation in the commission of the crime. As the Supreme Court decalred:
While confession of a co-conspirator are not ordinarily admissible as evidence against another co-conspirator, the fact that they implicate the latter and were made soon after the commission of the crime, is circumstantial evidence to show the probability of their co-conspirator having actually participated therein.
