G.R. No. L-5569
THE UNITED STATES, plaintiff-appellee, vs. AGAPITO BIRAY, defendant-appellant.
March 12, 1910

FACTS:
On or about June 12, 1908, at 2 o’clock in the morning, in an isolated house in Casol, Baliangao, Langaran, Misamis, the accused Agapito Biray and two companions, all armed, entered the house occupied by Rafaela Magusara, her niece Francisca Magusara, Francisca’s two children, Bonifacio Palot, and Mateo Uraga. Biray, appearing as the leader, ordered Bonifacio and Mateo outside where they were seized and bound. Inside, Francisca and her children were threatened while Rafaela Magusara was subjected to torturea rope was tied around her waist, thrown over a rafter, and she was repeatedly raised and violently dropped to compel her to reveal the location of her money. After this, the perpetrators broke open trunks and stole money and other contents.

Francisca and her children managed to escape. Rafaela, still with her captors, passed near where Bonifacio and Mateo were detained. When Biray left his guard to retrieve forgotten money, Bonifacio seized the opportunity to loosen his bonds and, though lame, hid after telling Mateo to escape. Upon learning of the escape, Biray expressed that they should have killed them to prevent revelation. Four days later, Rafaela’s corpse was discovered on Cagban beach, nude, with two stones tied to her waist, showing severe wounds, including a protruding intestine from her navel and a missing foot.

Florencia Gumiter, Biray’s former servant, corroborated the events. She testified that she made red sleeves for Biray at his order, which he wore on the night of the crime. She also stated that Biray and two armed men left on a Thursday before the crime, and two returned on Saturday afternoon carrying money and having bloodstains on their weapons and clothes. She and Biray’s wife washed the blood from his garments, and Biray ordered someone to change the money. Biray subsequently hid in the forest, instructing Gumiter to lie about his whereabouts, and later fled to the Islands of Siquijor after learning he was being sought. The Court of First Instance of Misamis convicted Biray of robbery with homicide and sentenced him to death. The case was elevated to the Supreme Court en consulta.

ISSUE:
Whether the trial court’s conviction of Agapito Biray for robbery with homicide and the imposition of the death penalty were justified by the evidence presented.

RULING:
The Supreme Court AFFIRMED the judgment of the trial court. The Court found that the facts were “clearly and conclusively proved” and that the “guilt of the defendant is proved beyond a reasonable doubt.” The direct testimony of the survivors in the house, the circumstantial evidence surrounding Rafaela Magusara’s death, and the compelling corroborative testimony of Florencia Gumiter (detailing Biray’s preparations, return with loot and bloodstains, subsequent cover-up, and flight) “fortifies the case against the accused in a manner that leaves no room for doubt.” The Court found no error in the record of which the accused could complain, thereby upholding the conviction for robbery with homicide and the death sentence.