Title
People vs. Disimban
Case
G.R. No. L-1746
Decision Date
Jan 31, 1951
Moro Disimban convicted of robbery with homicide after attacking a house, killing Amina, and stealing a carabao; alibi defense rejected, life imprisonment upheld.

Case Summary (G.R. No. L-1746)

Facts of the Case

On June 29, 1946, at approximately midnight, Putao Alangadi, the son of the deceased Amina, was awakened by unusual noises near his home. Upon investigation, he observed several armed men, including Disimban, attempting to rob his property, which included a corral of carabaos. The armed robbers fired shots at the house, resulting in the fatal wounding of Amina. Following the shooting, the intruders stole a male carabao belonging to Putao. The next day, Putao reported the incident to Pendato Macala, the chief of police.

Legal Proceedings

Subsequently, an information was filed against Disimban for robbery with homicide, while his accomplices remained at large. Disimban was tried and found guilty, resulting in a sentence of life imprisonment, indemnification of the heirs in the amount of P2,000, and costs. Disimban appealed the conviction.

Defense

Disimban's defense was primarily an alibi, asserting that he was suffering from malaria and unable to participate in the crime. His witnesses claimed that key figures, including Putao and his family, were elsewhere during the incident. However, the credibility of these witnesses was undermined by inconsistencies and contradictions in their testimonies.

Evaluation of Witness Testimonies

The testimonies of the defense witnesses were scrutinized for reliability. For example, Bao Sultan, one of the defense witnesses, inconsistently stated that he observed Macabato, a male person present at the crime scene, contradicting an earlier assertion that he was the only male. Additionally, he misrepresented his status as a special agent at the time of the incident, a claim invalidated by his lack of appointment prior to Amina's death.

Prosecution Evidence

Conversely, the testimonies presented by the prosecution, including that of Putao and Sumang, were deemed credible. These witnesses directly linked Disimban and his associates to the crime, corroborated by the physical evidence of the shooting and theft. The testimony of Picarat Saro, an impartial bystander, further supported the prosecution's case by indicating the presence of Putao and confirming that he was not elsewhere as claimed by the defense.

Age and Sentencing Considerations

Disimban's assertion of bei

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