PEOPLE v BALDERA

April 24, 1950 | REYES

Plaintiff: People of PH | Defendants: Pedro
Baldera, Miguel Blay, Jose Dela Cruz, et al
TOPIC: Aggravating Circumstances
Personal Circumstances of the Offender
RECIDIVISM
FACTS
Pedro Baldera was found guilty of robbery
in band with homicide and serious and
less serious physical injuries. He was
sentenced to death.
Dec 23, 1947, 4am: A Casa Manila bus left
Batangas, bound for Manila. It was held-up
by a group of 5-6 men, one of them was
Baldera.
Baldera, who was armed with a .45 caliber
pistol, fired a shot, followed by a hail of
bullets from different directions. After
firing had ceased, Baldera got on the bus
and took the passengers money,
threatening them with his gun. He got off the
bus and ordered the bus to proceed.
The driver headed for the municipal building
of San Juan and reported the incident to the
authorities. Wounded passengers were taken
to the hospital. One passenger died the
following day.

Blay: life imprisonment

ISSUES/HELD/RATIO
1. W/N Balderas confession is admissibleYES
Balderas Confession was allegedly made for
him to be given protection from his coaccused, and to use him as a government
witness. But he later on said the confession
was taken through force and intimidation.
The latter was not proved.
But his confession still stands. Where one
of several codefendants turns state's
evidence on a promise of immunity, but
later retracts and fails to keep his part
of the agreement, his confession made
under such promise may then be used
against him.
2. W/N Balderas alibi standsNO
His prostitute alibi cannot stand against the
clear and positive testimony of one of
the passengers, Ponciano Villena, who has
not shown to have any motive for falsely
testifying against him.
3. W/N the following aggravating circumstances
are present:
a. Crime committed is robbery in band and
robbery was perpetrated by attacking a
vehicleYES

Shortly after the commission of the crime,

Baldera was arrested in Batangas for
theft of a radio. His features matched
descriptions by the passengers.

The fact that there were more than 3 armed

men in the group that held up the bus
appears in Balderas own confession and is
established by the uncontradicted testimony
of one of the government witnesses.

He made a written confession, admitting

his participation in the crime as the one who,
armed with a pistol, boarded the bus and
though intimidation, took the passengers
money.

But this is immaterial because in the crime of

robbery with homicide it is not essential
that the robbery be in band, but it may
count as an aggravation in the imposition of
the penalty.

Later on, testifying in his own defense, he

denied participation, claiming he spent the
night in a house of prostitution in
Batangas, where he was employed by the
prostitutes for drawing water

Even if it is not taken into account, there

remains the other aggravating
circumstance that the robbery was
perpetrated by attacking a vehicle,
which is not offset by any mitigating
circumstance.

4 people were prosecuted and tried for the

crime. Case was dismissed for 2 of the
accused, but Baldera and Miguel Blay were
found guilty.
- Baldera: death

W/N the lower court erred in holding against

the accused the circumstance of recidivism
by reason of his previous conviction for theft
YES

b. RECIDIVISM by reason of Balderas

previous conviction for theftNO
A recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
also punishable in the RPC. (Art 14 RPC)

No recidivism because Balderas crime of

theft was committed on or about December
30, 1947 while the offense now charged took
place 7 days before that date.
SENTENCE REDUCED TO LIFE
IMPRISONMENT