GR 1886; (February, 1905) (Digest)
G.R. No. 1886 : February 4, 1905
THE UNITED STATES, complainant-appellee, vs. CANDELARIO CUISON, defendant-appellant.
FACTS:
The defendant, Candelario Cuison, was charged with the crime of robbery. The information alleged that on or about October 20, 1903, in the municipality of Danao, Province of Cebu, he entered the house of Salvador Casas and, with intent to gain and by means of intimidation, took thirty bundles of nipa and one additional bundle of nipa leaves. The Court of First Instance of Cebu found him guilty and sentenced him to imprisonment, restitution, and subsidiary imprisonment in case of insolvency. The defense presented evidence, including testimony from the local justice of the peace, that Cuison, who was then the municipal president (town mayor) of Danao, took the nipa by virtue of a search warrant lawfully issued by said justice of the peace.
ISSUE:
Whether the defendant is guilty of the crime of robbery when the taking of the property was done under the authority of a search warrant.
RULING:
No. The Supreme Court reversed the judgment of the lower court and acquitted the defendant. The Court found the evidence convincing that the defendant took possession of the nipa under the authority of a search warrant issued by the justice of the peace. An officer who seizes property by means of a lawfully issued and properly served search warrant cannot be held criminally liable for robbery for such taking. Therefore, the defendant is not guilty of the crime charged. He was ordered discharged, with costs de oficio.
