People vs Vacani, et. al.

People vs Vacani, et. al.
G.R. No. L-43250
August 22, 1935

Facts:

Said three appellants, namely, Manuel V. Vacani, Pastor F. Buenaventura, and Eleuterio Suayan were prosecuted for and convicted by the Court of First Instance of Manila of the crime of robbery with serious physical injuries, and were sentenced by said court to an indeterminate penalty of from six years and one day to twelve years; to indemnify the complainant corporation "Liggett & Myers Tobacco Co., Inc." in the sum of P35,311.90, and each to pay the proportionate part of the costs of the suit.

It was alleged that the appellant Manuel Vacani, in order to dispossess Antonio J. Balunsat and Dionisio Ochoa, cashier and special policeman, respectively, of "Liggett & Myers Tobacco Co., Inc.", of the money which they carried for deposit in the bank, on October 22, 1934, conspired with his co-accused and, for a price, reward or promise, induced them to seize as they in fact seized from the hands of said Antonio J. Balunsat, after throwing in the latter's face and in that of Dionisio Ochoa who accompanied him, ammonium hydroxide to blind and disable them temporarily, the two portfolios which he carried, containing the sum of P35,311.90 consisting in bills, checks and money orders belonging to said corporation "Liggett & Myers Tobacco Co., Inc."

However, the evidence presented by the prosecution is mostly circumstantial in character. On October 22, 1934, when the alleged robbery took place on Ronquillo Street of the City of Manila, appellants Pastor Buenaventura and Eleuterio Suayan were seen in a Chinese store near the offices of Liggett & Myers Tobacco Co., Inc.

Issue:

Whether the circumstantial evidence provided by the prosecution against defendants-appellants is valid for their appeal?

Held:

The expert witnesses for the prosecution testified that in order that ammonium hydroxide may produce injuries of the same nature as those inflicted on Balunsat and Ochoa, the concentration thereof must be more than 10 per cent; and the evidence shows that the solution of ammonia which appellant Manuel Valdes Vacani once had in his possession, even granting that the bottle as really found in his house — which he categorically denied — was very weak, being only 10 percent.

The alleged extrajudicial confession of the appellant Pastor Buenaventura proves nothing against him, much less against the other appellants because it also has all the indicia of not having been freely and voluntarily made by him.

However, in order that circumstantial evidence may serve as a basis for conviction, it is necessary, as this court has held on more than one occasion (U.S. vs. Villos, 6 Phil., 510; and U.S. vs Douglass, 2 Phil., 461), that the same be complete and that the knowledge produced thereby be such that it leaves no room for a reasonable doubt as to the guilt of the accused, following the natural and ordinary course of things.

The three appellants are acquitted of the crime with which they were charged, with costs de oficio, and it is ordered that those who are in detention be immediately released unless they are detained for other cause. So ordered.