G.R. No. L-37400 - People vs. Cabato

Sabangan Cabato, the accused-appellant, was charged with robbery with homicide in Criminal Case No. 307 for committing the crime against the Guinits on January 25, 1971.
The information filed by the Provincial Fiscal of Zamboanga del Norte detailed that Cabato, in conspiracy with two unidentified accomplices (who were still at large), carried out the crime at the residence of Victor Guinit and his wife, Herminia Am-es Guinit.

According to the information, on the evening of January 25, 1971, the accused and his cohorts, armed with firearms and stones, forcibly entered the house with the intent of obtaining money by means of force, violence, and intimidation.
Upon entry, the perpetrators attacked the occupants:

They restrained Victor Guinit by covering his mouth with one's hand, while another assailant grappled with Herminia Am-es Guinit.
During the struggle with Herminia, the mask worn by one of the assailants fell, leading to her pleading, "Sabangan, don't kill us, we will give you the money."
When the victims denied the existence of sufficient funds (specifically, they only had coins amounting to P300.00 instead of P3,000.00 in paper bills), the accused reportedly struck Herminia with a stone, causing cerebral hemorrhage and her instant death.

Victor Guinit, a 69-year-old widower and primary eyewitness, testified and identified Cabato as one of the robbers:

He recalled that his wife had been with him in their house when the crime occurred around 7:30 p.m.
He noted that during the altercation, although the robbers initially wore masks, one of them (later identified as Cabato) had his mask fall off when grappling with his wife, which led to his identification.
His testimony included specific details such as the distance of approximately three meters from the scene and descriptions of the physical assault.

The sanitary inspector confirmed that the injury on Herminia’s head, causing cerebral hemorrhage, was consistent with being hit by a hard object—likely a stone.
Identification procedures at the Municipal Building of Salug further established Cabato as one of the assailants.

He claimed to have been a neighbor known to the Guinits and asserted that he was in a different location gathering corn in Balatan with his father-in-law on the day of the incident.
He maintained that he had no knowledge of the robbery until being informed by neighbors on January 26, 1971.

No witness other than Cabato testified in support of his claim regarding his whereabouts.
The alibi was deemed insufficient by the trial court given the strong eyewitness identification.

Whether the evidence, especially the direct eyewitness account of Victor Guinit, established beyond reasonable doubt that Sabangan Cabato participated in the robbery with homicide.
Whether the inconsistencies alleged by the accused regarding the timing and details of the eyewitness identification could vitiate the overall credibility of the witness.

Whether the minor inconsistencies in the eyewitness testimony were significant enough to undermine the prosecution’s case.
Whether the accused’s uncorroborated alibi could be accepted against the strong identification by an eyewitness.

Whether aggravating circumstances such as dwelling (the crime committed in the victim’s home) and disguise (use of masks) were established and should enhance the penalty.
Whether the alleged abuse of superior strength had merit given the lack of detail concerning the physical conditions of the parties involved.