Case Digest (G.R. No. L-2043)
Facts:
The case revolves around the incident that took place on June 4, 1947, in Manila, where Emma Foronda-Abaya and her friend Marcelino Lontok, Jr. were victims of a violent robbery. Between 8:00 and 9:00 PM, while walking home from the Far Eastern University, the two were confronted by Alejandro Carillo y Almadin and Toribio Raquenio y Pitas, who were armed with pistols. The robbers seized their belongings, which included a Bulova wristwatch, a Parker fountain pen, cash, and a gold bracelet, summing up to a total of approximately P231.40.
After robbing Emma, one of the assailants attempted to sexually assault her while Marcelino was held at gunpoint. Despite her resistance, the assailant shot Emma twice, resulting in her death. The following investigation led the police to recover the stolen watch from a peddler, which eventually traced back to Alejandro Carillo, a known ex-convict. Both Carillo and Raquenio were apprehended for their involvement in the robbery and homicide. They
Case Digest (G.R. No. L-2043)
Facts:
- Incident and Crime
- On June 4, 1947, between 8:00 and 9:00 p.m. on Pampanga Street, Manila, two victims—Emma Foronda-Abaya and Marcelino Lontok, Jr.—were held up at gunpoint.
- The perpetrators robbed the victims of personal articles, including:
- For Marcelino Lontok, Jr.: a Bulova wristwatch, a smoked glass with a gold rim, a Parker fountain pen, and P40 in cash (totaling P100.40).
- For Emma Foronda-Abaya: a gold bracelet, an Elgin wristwatch, an umbrella, and loose change (totaling P131.00).
- After the robbery, one of the assailants separated from his partner:
- He forcibly took Emma to a secluded vacant lot.
- There, he embraced her, kissed her, and attempted to rape her by removing her drawers and positioning himself on top of her.
- During the ensuing struggle in the mud, she resisted; eventually, two shots were fired, resulting in her death.
- Marcelino Lontok, Jr. was held at gunpoint by the other assailant, preventing him from helping Emma.
- Investigation and Evidence Discovery
- On the morning of June 10, 1947, a recovered Bulova wristwatch provided the first tangible clue:
- The watch was sold by a peddler after passing through several hands, linking it to a chain of individuals.
- The chain included intermediaries such as Jacinto Cornel, Salvador Custodio, Brigido Carlos, and finally Saturnino Macawile.
- Suspicion initially fell on Saturnino Macawile, but further detective work identified an ex-convict:
- Alejandro Carillo, also known by aliases including Romy and Iwahig, became the prime suspect.
- He was arrested on June 23, 1947, in Tacloban, Leyte, after fleeing Manila by boat.
- The investigative team secured key evidence:
- Confessions from Alejandro Carillo and his accomplice, Toribio Raquenio.
- Testimonies of witnesses such as Marcelino Lontok, Jr., and the spouses Simeon Madayag and Antonieta Salazar.
- Ballistics evidence linking the .45 caliber pistol (Exhibit I) to the empty shells found at the crime scene.
- A re-enactment of the crime at the scene, photographed and later used as evidence.
- Confessions and Testimonies
- Alejandro Carillo’s Confessions
- In written statements (Exhibits H and F), Carillo admitted to:
- Robbing and shooting Emma Foronda-Abaya.
- Attempting to rape her after the robbery.
- Being armed with a .45 caliber pistol and associating with a partner known as Frank (later identified as Toribio Raquenio).
- His confession detailed the sequence of events, including his flight from Manila to Tacloban.
- Toribio Raquenio’s Confession
- In his own confession (Exhibit E), Raquenio admitted:
- Participation in the robbery and his role in holding up Marcelino Lontok, Jr.
- His presence during the commission of the crime and subsequent actions.
- His testimony, despite later claims of maltreatment, provided key details corroborating the events.
- Eyewitness and Supplementary Testimonies
- Marcelino Lontok, Jr. identified the perpetrators, although he initially mistook Carillo for Macawile due to facial resemblance.
- Simeon Madayag and Antonieta Salazar testified regarding:
- The identification and custody of the firearms involved.
- The delivery and possession of the stolen watch and the chain of custody.
- Ballistics Expert Edgar Bond’s examination established that the empty shells found at the scene were fired from the recovered .45 caliber pistol.
- Defense Arguments and Additional Circumstantial Evidence
- The accused contended that:
- Their confessions were coerced through intimidation and physical abuse.
- Alejandro Carillo attempted to fabricate an alibi, claiming he was in Quiapo working as a laborer or watching a pool game.
- Despite these assertions, the prosecution’s evidence was bolstered by:
- A coherent chain of circumstantial evidence (e.g., the sale of the Bulova watch linking Carillo to the crime).
- Consistent re-enactment photographs and corroborative testimonies.
- The sound ballistics analysis tying the recovered weapon to the crime.
Issues:
- Evidentiary Sufficiency and Credibility
- Whether the cumulative direct and circumstantial evidence—ranging from eyewitness testimony to forensic ballistics—adequately established the guilt of the accused beyond reasonable doubt.
- The impact and reliability of eyewitness identification, especially considering the initial misidentification due to the resemblance between Carillo and Macawile.
- Legitimacy of the Confessions
- Whether the confessions of Alejandro Carillo and Toribio Raquenio, despite claims of coercion and maltreatment, were given voluntarily and are corroborated by independent evidence.
- The admissibility of these confessions in light of contradictory statements during cross-examination.
- Consideration of Aggravating Circumstances in Sentencing
- Whether factors such as recidivism, nocturnity (commission of a crime at night), and abuse of superior strength were rightly identified and considered as aggravating circumstances.
- The appropriate penalty for each appellant in view of the aggravating factors, particularly the imposition of the death penalty on Alejandro Carillo.
- Assessment of Defense Claims
- Whether the alibi and assertions of police coercion presented by the accused effectively countered the probative evidences linking them to the crime.
- The credibility of the alternative explanations provided by the defense in light of the prosecution’s established chain of evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)