G.R. No. 32116 / February 20, 1930
THE PEOPLE OF THE PHILIPPINE ISLANDS vs. FRANCISCO JULIADA, ET AL.

FACTS

Appellants Francisco Juliada and Simplicio Luna were convicted of robbery by the trial court. Simplicio Luna was sentenced to three years, eight months, and one day of presidio correccional, while Francisco Juliada, due to recidivism, was sentenced to ten years of presidio mayor. The court also ordered the return of a stolen wallet and money to the offended party. On appeal, the appellants argued that the case should have been dismissed after the prosecution closed its evidence because the offended party was not presented as a witness. They also contested the trial court’s finding that the wallet belonged to the offended party and sought acquittal.

ISSUE

1. Whether the failure to present the offended party as a witness warrants dismissal of the case.
2. Whether the evidence sufficiently established that the stolen wallet belonged to the offended party.

RULING

1. No, the failure to present the offended party as a witness does not warrant dismissal. The testimony of the offended party is not indispensable for conviction. The prosecution has discretion in presenting witnesses, and the sufficiency of evidence does not depend solely on whether the offended party testifies.
2. Yes, the evidence sufficiently established ownership of the wallet. Witness Dungao testified that the offended party identified the wallet as his in the presence of the appellants, and this testimony was not objected to. Moreover, Simplicio Luna’s act of throwing the wallet into a gutter when about to be searched negated any claim of ownership by the appellants.

The Supreme Court AFFIRMED the conviction but MODIFIED the penalties. Both appellants, as recidivists without mitigating circumstances, were sentenced to the maximum penalty of six years, ten months, and one day of presidio mayor. Additionally, Francisco Juliada, as a habitual criminal with seven prior theft convictions, was sentenced to an extra twenty-one years of imprisonment under Act No. 3397 , as amended.