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[G.R. No. L-15313. March 25, 1961. ]

PISINGAN CHIONG, Petitioner-Appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.


1. CRIMINAL LAW; ROBBERY WITH HOMICIDE; CONSPIRACY. — The killing had been committed on the occasion of the robbery, the crime committed is robbery with homicide (People v. Mangulabnan, Et Al., 99 Off. Gaz, 6532; also p. 118, Vol. 6 1927 Ed., Viada, p. 127 id.) , and the accuse having acted in conspiracy, as shown by their concerted action and unity of criminal design in pursuance of a common objective, all the appellants are liable for crime charged.

2. ID.; ID.; ID.; ALIBI INTERPOSED INHERENTLY WEAK; CANNOT PREVAIL OVER POSITIVE IDENTIFICATION MADE BY PROSECUTION WITNESSES. — The alibi interposed being inherently weak, the same cannot overcome the positive identification made by the prosecution witnesses.


BENGZON, Actg., C.J. :

By its decision of January 31, 1956, the Zamboanga court of first instance granted the petition for naturalization of Pisingan Chiong. The local City Attorney appealed; but this Court approved the grant on April 16, 1958.

On September 22 1958, Pisingan Chiong moved that he be allowed to take the corresponding oath. The City Attorney opposed, because the two years provided in Republic Act 530 had not yet elapsed from April 1958. The petitioner replied that the two-year period should be counted from January 1956 when the Zamboanga court promulgated its decision.

After hearing the parties, the Hon. Gregorio D. Montejo, Judge, denied the petition, in line with the ruling of this Supreme Court in Republic v. Makalintal, 48 Off. Gaz. 4346.

Pisingan Chiong brought up the matter on appeal.

His Honor acted correctly. The Makalintal ruling has been impliedly followed by Uy v. Republic, 52 Off. Gaz. 5874. We see no reason to change or modify the doctrine therein.

Affirmed, with costs against Appellant.

Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ., concur.

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