People vs Villacorte G.R. No. L-21860 February 28, 1974

 

G.R. No. L-21860 February 28, 1974

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
VIOLETO VILLACORTE, alias BONGING, et al., defendants. CRISANTO INOFERIO Y ALINDAO alias SANTE, and MARCIANO YUSAY alias MANCING (appeal withdrawn res. of 7/10/67), defendants-appellants.

The charge in this case was for robbery with homicide and the penalty imposed upon the appellant Crisanto Inoferio and his co-accused Violeto Villacorte and Marciano Yusay was reclusion perpetua and the payment of indemnity to the heirs of the deceased Benito Ching in the sum of P6,000.00. This case is now before this Court only on the appeal of Inoferio, because although the lower court convicted him and his co-accused Villacorte and Yusay (Alfredo Handig, a fourth accused was acquitted), Villacorte did not appeal, while the appeal of Yusay was withdrawn upon his motion which was granted by this Court on July 10, 1967.

Only Modesto Galvez (witness) and Roque Guerrero (perpetrator turned state witness) identified the appellant Crisanto (Santing) Inoferio as one of the holduppers. The other accused did not know him.

In Modesto Galvez’s sworn statement, although he did not mention the name of Inoferio, he stated that he saw a tattoo on the arm of the person who held his neck that night.

Inoferio used to ride in Guerrero’s tricycle and they often played cara y cruz together.

Violeto Villacorte was positively identified by prosecution witnesses Libantino and Galvez. And in an extrajudicial statement secured from him by CIS investigators and which he signed and swore to before the Assistant Fiscal of Rizal in Pasig, Villacorte admitted his role as mastermind of the plan to waylay Benito Ching and his having grabbed the paper bag containing the proceeds of the sales of the sari-sari store of the Chinaman. He likewise admitted responsibility for firing the pistol that snuffed the life of Benito Ching.

Marciano Yusay was equally identified positively by Pedro Libantino and Modesto Galvez as one of those present when Villacorte was planning the holdup and at the time of the holdup. And in the ante mortem statement of Benito Ching made to his wife Candida Pasion, he said that Marciano Yusay was one of those who held him up.

Alfredo Handig, on the other hand, although mentioned by accused Villacorte as one of his companions in the planning and in the execution of the robbery, prosecution witnesses Libantino and Galvez never identified him positively because of which he was acquitted by the trial court.

The desistance should be made before all the acts of execution are performed.

With respect to the herein appellant Crisanto Inoferio, the evidence of the prosecution to the effect that he was one of the holduppers is weak and unconvincing.

WHEREFORE, the decision appealed from convicting the accused-appellant Crisanto Inoferio is hereby reversed and he is hereby acquitted with costs de oficio. It appearing that he is at present detained at the New Bilibid Prisons at Muntinlupa, his immediate release is hereby ordered. So ordered.

Zaldivar (Chairman), Fernando, Barredo and Aquino, JJ., concur.

Antonio, J., took no part.