PeopleVsSabalones

Roling Accused Appellants

Artemio Timoteo Beronga
Teodolo Alegarbes
Eufemio Cabanero
Facts: Rolusape Sabalones and Timoteo Beronga are convicted of murder and frustrated murder.
The conviction arose from a shooting incident on June 1, 1985 in Talisay, Cebu, which were
allegedly ambushed by appelants. After conducting a preliminary investigation, second assistant
provincial Juanito M. Gabriana Sr. filed before the Regional Trial Court of Cebu City, Branch 7
five amended information charging four John Does who were later indentified as Rolusape
Sabalones, Artemio Timoteo Beronga, Teodulo Alegarbes, and Eufemio Cabanero, with two
counts of murder and three counts of frustrated murder.
Criminal case 9257 Glenn tiempo, riding a jeep ahd who gave no provocation, inflicted latter
several gunshot wounds, causing instantaneous death
Criminal case 9258 Alfredo Nardo, same
Criminal case 9259 Rey Bolo riding a car and who gave no provocation, inflicted later laceration
on mouth due to gunshot
Frustrated Murder case 9260 Rogelio Presores who gave no provocation, inflicted gun shout
wound thru the right chest
Frustrated Murder case 9261 Nelcson Presores who gave no provocation, inflicted gunshot
wound at the neck penetrating the trachea.
Issue:
1) Are the witnesses and who testified sufficient as prosecution evidence
2) Are the alibis for the defense strong enough to be acquitted
3) What will be the punished crime and the penalty of the prosecuted.
Held:
1) No, since the apelants were convicted based primarily on positive identification of the
two survivors by Edwin Santos and Rogelio Presores and not only on the extrajudicial
statements that merely corroborates the eyewitness testimonies making it irrelevant to the
case
2) No, alibi is not credible when the accused appellant is only a short distance from the
crime scene and the alibi is offset by positive identification by two survivors
3) For the two counts of murder, the trial court imposed penalty for 14 yrs,8m, and 1 day
reclusion temporal medium as minimum to 17 years,4m, and 1 day reclusion temporal
max, are incorrect under art 248 of RPC the imposable penalty for frustrated murder,
therefore is prision mayor ini its maximum period to reclusion temporal in its medium
period, because there are no aggravating or mitigating circumstance as the Court of
Appeals itself held the penalty prescribed by law should be imposed in it medium period
with the application of the indeterminate. Sentence Law, penalty for frustrated murder
should be 8 years of prision mayor (minimum) as minimum,, to 14 yrs and 8 months of
reclusion temporal (minimum) as max.
People of the Philippine (plaintiff-appelle) v Martin Simon y Sungga ( respondent)