G.R. No. L-28533 - People vs. Esmael

Case Digest (G.R. No. L-28533)
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Facts:

Background of the criminal case

The defendants-appellants were Tago Esmael and Tailisan Camarodin.
The Court of First Instance of Lanao del Sur convicted them of the crime of robbery with homicide.
The trial court sentenced them to life imprisonment, imposed the accessory penalties provided by law, and ordered them to jointly and severally indemnify the heirs of the deceased Lamberto Mendoza in the sum of P6,000, plus P180 representing the value of the objects stolen, and to pay one-half of the costs each.

Circumstances of the killing and taking of property

On the morning of July 28, 1965, Lamberto Mendoza was driving a tractor plowing the farm of Luis Ocsio at Masao, Lalabuan, Malabang, Lanao del Sur, with Fernando Capilitan.
Tago Esmael and Tailisan Camarodin approached the tractor while it was at a standstill.
Tago Esmael shot Lamberto Mendoza with a pistol while Mendoza was sitting on the driver’s seat holding the steering wheel of the tractor.
At the time of the shooting, Tago Esmael was at the right side of the tractor, and Camarodin was at the left side about six brazas from Mendoza.
Tago Esmael shot Mendoza five times, after which Mendoza slumped dead on the steering wheel.

Robbery acts after the killing

After the shooting, Camarodin told Tago Esmael to get the revolver and watch of Mendoza.
Tago Esmael took Mendoza’s revolver valued at P120 and wrist watch valued at P60.
After taking the items, Tago Esmael fired at Fernando Capilitan, who was then about ten meters away from the tractor, but Capilitan was not hit and ran toward the house of Macario Mendoza, the father of the deceased where they were living.
On his way, Capilitan met Alfonso Mendoza, the brother of Lamberto, and told him that Lamberto was shot by “Muslims.”

Medical evidence

The body of Lamberto Mendoza was examined by Dr. Rafael Lucido on July 28, 1965, less than one hour after death.
The medical certificate, Exh. 'A', showed five gunshot wounds with described entrance and exit points.
The cause of death was severe hemorrhage (internal and external) due to multiple gunshot wounds.

Defense evidence and theory

The defense attempted to impeach Fernando Capilitan by asserting that he initially identified Usman Moro as the person who killed Mendoza.
The defense further raised alibis:

Tago Esmael claimed he was in the coconut plantation of Maitowamama Mangondato located about four kilometers away from the scene, from early morning to long after noontime.
Tailisan Camarodin claimed he was fishing in Parang, Cotabato, about fifty-five kilometers away, and that he stayed there for three days.

Trial court’s assessment of denial and alibi

The trial judge held that the denial and alibi could not prevail over the “clear, explicit and positive identification” by Fernando Capilitan.
The trial court considered alibi as the “weakest of all defenses” and easy to concoct.
The trial court found Tago Esmael’s alibi to be established only by the testimony of his uncle Maitowamama Mangondato.
The trial court found Tailisan Camarodin’s alibi to be corroborated only by his brother-in-law Camarodin Sadon.
The trial court held it was not physically impossible for Tago Esmael to be at the scene because the distance was only four kilometers.
The trial court also held it was not physically impossible for Tailisan Camarodin to be with Tago Esmael because the distance from his house to the scene was only five kilometers, so he could have left immediately toward Parang, Cotabato, to invent an alibi.
The trial court rejected appellants’ challenge to the credibility of Capilitan.

Identification of the accused after initial uncertainty

Immediately after the incident, it was reported to the Philippine Constabulary, which sent investigators headed by then Captain Jimmy Bangcola.
The investigative team split into two groups:

One group, including a medical officer, went to the Mendozas’ house where Mendoza’s body had already been taken.
The other proceeded to the occurrence scene, which they examined and from which they picked up empty cartridges.

Near the scene they found Usman Moro, who turned out to be about ten years old, though rather tall for his age.
Moro could not answer categorically the peace officers’ questions explaining his presence, and he was pale and trembling; the peace officers suspected and detained him.
The team brought Moro to the Mendozas’ house.
Captain Bangcola asked Fernando Capilitan whether Moro was the person who killed Mendoza.
Capilitan answered in the affirmative but stated he was “not certain.”
On the other hand, having been tipped that the defendants were seen near the scene, Captain Bangcola had the local chief...(Subscriber-Only)

Issues:

Whether the lower court committed reversible error in appreciating facts not introduced in evidence

Whether the trial court’s statement that “possession of a firearm is precious to a Muslim, hence the reason for the robbery” lacked evidentiary support.

Whether conviction was improper for lack of admission into evidence of Exhibit B

Whether the lower court erred in convicting appellants without Exhibit B having been admitted for the prosecution.

Whether the trial court erred in holding that perfection of appeal by notice divested it of authority to act on the motion for reconsideration

Whether notice of appeal in a criminal case perfected the appeal such that the trial court had no jurisdiction to entertain the subsequent motion for reconsideration.

Whether the penalty imposed was correct for robbery with homicide and whether indemnity should be modified

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Ruling:

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Ratio:

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