Facts:

On June 29, 1946, around midnight, Putao Alangadi was awakened by the sounds of multiple individuals near his residence in Molondo, Lanao del Norte. An adjoining corral housed several carabaos owned by him and another individual named Saadja. After peering through the window with a lamp, Putao observed the defendant, Moro Disimban, along with Talinding and Macalaba, all armed with carbines, while Datong and Malamama were armed with a Garand rifle and revolver, respectively. Upon realizing they had been spotted, the group opened fire on Putao's house, prompting him to take cover. Subsequently, Amina, Putao's mother, cried out in distress, having been struck by bullets. She ultimately succumbed to her injuries, which were confirmed as bullet wounds to her neck and head.

Following these events, Sumang Panda, Amina's son, rushed to the scene where he identified Disimban and his armed companions fleeing the area. A male carabao belonging to Putao, valued at P250, was late

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Facts:

Incident and Discovery

• At about midnight on 29 June 1946, Putao Alangadi, while in his home in the municipal district of Molondo, Lanao, heard several persons talking near his residence.
• Adjacent to his house was a corral constructed with a mound and topped with bamboo twigs, where he kept one male and two female carabaos, alongside ten other carabaos belonging to Saadja.
• Upon lighting a lamp and peeping out, Putao saw Disimban, Talinding, and Macalaba, each armed with a carbine, a Garand rifle, and a revolver respectively, accompanied by Datong, Malamama, and others.
• The armed men, having been discovered, fired volleys at the house, causing commotion.
• Amidst the chaos, Putao's mother, Amina, cried out that she had been hit. Subsequent examination revealed bullet wounds on her head and neck, leading to her death.

Evidence and Physical Circumstances

• Witnesses at the scene included other inmates of the house such as Saadja, Bagobae, and Macausob, who expressed distress upon witnessing the incident.
• After the firing ceased and amidst the panic, Sumang Panda, another son of Amina, encountered Disimban and his companions on the way to the deceased mother’s house.
• Physical evidence included the discovery of a male carabao (valued at P250) missing from the corral and a dug pit within the mound, suggesting the method employed to extract the animal.
• The following day, Putao reported the incident to Pendato Macala, the chief of police at large, leading to the filing of an information for robbery with homicide against Disimban, whose co-accused were still at large.

Trial Proceedings and Testimonies

• Disimban was tried, found guilty, and sentenced to life imprisonment (reclusion perpetua), ordered to indemnify the deceased’s heirs in the sum of P2,000, and to pay the costs.
• The appellant (Disimban) raised an alibi defense, claiming that he, along with his witnesses, was confined by malaria with accompanying fever and chills not only on the night of the incident but also during the three months preceding it.
• Witnesses Bao Sultan and Macaapon Mortala testified that Putao Alangadi, Liwalog, and Bagobae were absent from Amina’s house, with specific claims about their presence in Ramain and Dansalan respectively, and provided an alternate narrative of events (including a male person, Macabato, firing at the alleged thieves).
• Critical flaws appeared in the defense witnesses’ testimonies, such as inconsistencies regarding the number of persons present (e.g., Bao Sultan’s conflicting statements about the presence of both Macabato and Sumang Panda) and discrepancies about Bao Sultan’s official capacity during the incident.
• Additional testimonies by Kakim Patarahdang, a Mohammedan priest, and Balbal Kadayon, a temporary councilor, were recounted, yet these also exhibited inconsistencies or self-serving contradictions concerning the incident.
• The testimony of disinterested eyewitness Picarat Saro, who was a public school teacher and happened to verify the scene shortly after the incident, corroborated the account of armed men firing at the house and finding Amina dead, thereby countering the defense claims.
• The reporting actions and subsequent identification of the assailants by Putao and Sumang to the police further reinforced the prosecution’s narrative.

Issue:

• Whether the evidence presented by the prosecution was sufficient to establish, beyond a reasonable doubt, that Disimban and his companions were responsible for the fatal shooting of Amina.
• Whether the alibi defense, asserting that the appellant suffered from malaria and associated fever during and before the incident, was credible and sufficient to exonerate him.
• How the inconsistencies in the testimonies of the defense witnesses (Bao Sultan, Macaapon Mortala, and others) affect the overall credibility of the alibi presented.
• Whether the conflicting accounts regarding the whereabouts of Putao, Bagobae, and other relevant persons on the night of the incident undermine the defense’s narrative.
• Whether the imposition of the penalty, taking into account the appellant’s status as a Mohammedan inhabitant of Mindanao and pursuant to section 106 of the Administrative Code of Mindanao and Sulu, was within the trial court’s discretionary power.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)