G.R. No. 28629 , September 12, 1928
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MANDANGAN, ET AL., defendants. MANDANGAN, appellant.

FACTS

At midnight on July 6, 1927, five individualsHassim, Sailabi, Jahura, Abisaini, and appellant Mandanganrobbed the house of Moro Maadil in Tagbak, Sulu, stealing items worth about P1,355.50. During the robbery, Maadil was killed. Three of the accused (Jahura, Sailabi, and Hassim) voluntarily confessed and pleaded guilty. Abisaini turned state witness. Mandangan alone pleaded not guilty. The only direct evidence against Mandangan was the testimony of co-conspirator Abisaini, who stated that Mandangan and Hassim waited outside while the others entered the house, killed Maadil, and stole the property. Corroborating this, stolen items were found hidden in Mandangan’s house upon his arrest. The trial court convicted Mandangan of robbery with homicide, sentenced him to death, and ordered indemnity to the heirs, citing aggravating circumstances of nocturnity and dwelling. The court also impliedly considered Mandangan the leader of the gang based on Abisaini’s testimony.

ISSUE

Whether the trial court erred in imposing the death penalty on Mandangan, considering the sufficiency of evidence regarding his leadership and the presence of aggravating circumstances.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalty. The Court found the evidence sufficient to prove Mandangan’s participation in the crime, given Abisaini’s testimony and the discovery of stolen goods in his possession. However, it held that the allegation of Mandangan’s leadership and that the crime was committed by a band of more than three armed men rested solely on Abisaini’s uncorroborated testimony. Given the gravity of the death penalty and the principle that such testimony requires corroboration for capital sentencing, the Court declined to appreciate these factors as aggravating. The Court also noted that the trial court had effectively applied the mitigating provisions for non-Christian inhabitants in Mindanao and Sulu to Mandangan’s co-accused by sentencing them to *cadena perpetua* instead of death. For consistency and fairness, Mandangan should receive the same penalty. Thus, the death sentence was reduced to *cadena perpetua*, with corresponding accessories. The indemnity and cost orders were sustained.