[ G.R. No. 1236. November 30, 1903 ] 2 Phil. 718
[ G.R. No. 1236. November 30, 1903 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. PEDRO MAANO ET AL., DEFENDANTS AND APPELLANTS. D E C I S I O N
WILLARD, J.:
Juan Bermudez and his wife Francisca fully identified the defendants at the trial as two of the persons who entered their house on the night in question. The defendants say in their brief that both of these witnesses testified, at the preliminary investigation, that they did not know who their assailants were. This statement, so far as the husband is concerned, is not borne out by the record. There is nothing therein to show that he did not, upon the question of identity, testify before the justice in the same way that he did in the Court of First Instance. His wife explains her testimony before the justice by saying that she had never before been in a court and that she was so overawed by the judicial presence that she was not fully herself.
That the naming of these defendants was not an afterthought, suggested subsequent to the examination in the justice court, is conclusively shown by the testimony of the sergeant of police who went to the house on December 26, two days after the robbery, for the purpose of investigating it. He says that the wife, Francisca, there told him that it was committed by the two defendants and others. The same day the sergeant presented the complaint to the justice of the peace, charging these defendants and one Ricardo with the crime. This was of course prior to any hearing before the justice.
The failure of the complaining witnesses to mention, on the first examination before the justice, the taking of the money is not important. They did testify to the taking of a razor, a bolo, and two pocketknives. The taking of the money did not add anything to the offense; it did not make the crime different or its punishment greater.
The evidence in regard to the alibi is not sufficient to overcome the positive testimony of identification by two witnesses who had known the defendants for a long time.
The failure of the servant, Leon Sabal, to recognize the defendants is not strange. They remained in the sala, and the two unknown men came into the kitchen, where the servant was, bound him, blindfolded him, and left him there. He had no opportunity at all to see the defendants.
The defense has made a motion in this court for a new trial on the ground of newly discovered evidence. Of the five affidavits presented, four of them relate to alleged attempts of Juan Bermudez to induce witnesses by bribery and threats to testify against the defendants. The trial was concluded on February 13, and the judgment was pronounced on February 14, yet one of these affidavits states that on February 16 Bermudez summoned him as a witness and promised him 100 pesos if he would testify against the defendants.
The affidavit of Juan Evangelista, as to the alibi of the defendant Pedro, tends to weaken it rather than to strengthen it, by reason of the contradiction between his statement and those of the other witnesses for the defendants. Moreover, no reason is given why his testimony could not have been procured for the trial.
The showing is not sufficient to justify us in granting a new trial, and the motion is denied.
We hold that the crime committed was that of bandolerismo under Act No. 518.
The evidence is sufficient to support the judgment, and it is affirmed, Avith the costs of this instance against the appellants.
Arellano, C. J., Torres and Johnson, JJ., concur.