Case Digest (G.R. No. L-17688)
Facts:
On April 30, 1976, in the afternoon, at sitio Miaray, barrio Kauswagan, municipality of Dangcagan, province of Bukidnon, Accused-appellant Alfredo Ponce alias Tarsing/Persing was prosecuted with co-accused for a robbery in band with double homicide and physical injuries involving the house of Calixta Gepitacio. The evidence showed that the robbery was planned by a group of men beginning with meetings prior to April 30, 1976, where Nestor Ricafort was recruited and ultimately participated as a participant who had detailed knowledge of the incident. Ricafort testified that they were informed that the target was the Gepitacio house, which lay about thirty meters across the road from the house of Julian Ancis, and that they planned the robbery for the middle of April 1976 to secure firearms; when firearms were not yet available, they agreed to meet again on April 30, 1976 at Mibantang, Quezon, Bukidnon, and from there proceed to the house of Alberto Jumawan to meet the rest of the g...Case Digest (G.R. No. L-17688)
Facts:
People of the Philippines charged Alfredo Ponce alias Tarsing/Persing and several others with robbery with homicide arising from the April 30, 1976 incident in Sitio Miaray, barrio Kauswagan, Dangcagan, Bukidnon, involving the robbery of Gaudencio Gepitacio and the stabbing and other injuries that caused the deaths of Gaudencio and Cornelio Gepitacio, with injuries to Calixta Gepitacio. The Regional Trial Court, Branch 8, Malaybalay, Bukidnon convicted only Alfredo Ponce, along with Dionisio Alpuerto and Hermogenes Tagotongan, for robbery with homicide and imposed reclusion perpetua on each, with joint and several payment of P60,000.00 to the heirs, while Pantaleon Ortiz and Julian Ancis were acquitted; Nestor Ricafort was used as a state witness, and Bernardino Hermocilla was dismissed for lack of participation.On appeal, Alfredo Ponce denied participation and invoked alibi. The conviction rested substantially on the testimony of state witness Nestor Ricafort describing the planning and assignment of roles inside the victims’ house, as well as an alleged extrajudicial confession and other circumstances; the defense challenged the credibility of Ricafort and claimed coercion in the statement, and also assailed the identification and the failure to meet alibi requirements. The Supreme Court considered only the appeal of Alfredo Ponce.
Issues:
- Whether the trial court erred in finding Alfredo Ponce guilty beyond reasonable doubt based on the prosecution evidence.
- Whether the testimony of Nestor Ricafort, as a state witness, was fabricated and incredible.
- Whether Alfredo Ponce’s sworn admission and confession were inadmissible for lack of counsel and due to alleged coercion.
- Whether the identification and proof of Alfredo Ponce’s participation—specifically the stabbing and the lack of recognition by Calixta Gepitacio—were insufficient to sustain conviction.
- Whether alibi raised by Alfredo Ponce precluded his physical presence at the time of the crime.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)