G.R. No. 41523 ; October 11, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EMILIO H. DOMONDON, defendant-appellant.

FACTS

The appellant, Emilio H. Domondon, was a postmaster and aspirant to the post of municipal treasurer in Kabugao, Apayao. He was convicted of robbery for the disappearance of government funds amounting to P1,889.67. The funds, which he had insisted on depositing with the municipal treasury after office hours, were placed in a locked brass box and stored in a room within the municipal building. That evening, the appellant returned and, through pretexts, sent the two policemen guarding the building on separate errands, leaving the building unguarded. The next morning, the forced-open brass box was found in a toilet, with only the checks and a small amount remaining. A marked 20-peso bill from the stolen money was later found in the appellant’s possession during a Constabulary investigation.

ISSUE

Whether the circumstantial evidence presented is sufficient to sustain the appellant’s conviction for the crime of robbery.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty. The chain of circumstantial evidence was complete and led to no other rational conclusion than the appellant’s guilt. His conduct before and after the crime, including his insistence on making the deposit after hours, his pretexts to send the guards away, and his possession of a marked bill from the stolen money, were incompatible with innocence. The Court found the presence of two generic aggravating circumstances—nocturnity and taking advantage of public position—which were properly considered even if not alleged in the information. The penalty was modified to an indeterminate sentence of two years as minimum to six years and one day of prision mayor as maximum, and the civil indemnity was fixed at P1,889.67.

AI Generated by Armztrong.