GR 44335; (July, 1936) (Digest)
G.R. No. 44335 ; July 30, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. KAGUI MALASUGUI, defendant-appellant.
FACTS
Kagui Malasugui was convicted of robbery with homicide for the killing of Chinese merchant Tan Why. The victim, found mortally wounded on a path in Cotabato, identified his aggressor as “Kagui” before dying. The appellant was arrested shortly thereafter. During the arrest, he voluntarily produced two bracelets and, upon a subsequent search, was found in possession of Tan Why’s pocketbook containing money, an identification card, and a handwritten memorandum. The money corresponded to funds given to Tan Why for purchasing palay. A bloodstained club was found near the crime scene, and footprints matching the appellant’s were discovered nearby. The defense claimed the money was from relatives and that the evidence was obtained through an illegal search and seizure.
ISSUE
Whether the trial court erred in: (1) denying the appellant time to prepare his defense; (2) denying the return of articles taken from him; (3) admitting certain exhibits into evidence; (4) denying a motion to dismiss for lack of evidence; and (5) convicting him of robbery with homicide.
RULING
The Supreme Court affirmed the conviction. The appellant voluntarily submitted to the search and waived his right against unreasonable search and seizure. The evidence obtained (the pocketbook, money, and personal effects of the victim) was admissible as it constituted the corpus delicti or was relevant to the crime. The unexplained possession of the victim’s stolen property shortly after the crime, under the circumstances, justified the inference that the appellant was the author of the robbery and homicide. The penalty of reclusion perpetua was proper. However, the order for restitution to the Mindanao Rice Industrial Company was eliminated as it was not a party to the case, and the victim’s effects were ordered delivered to his heirs.
AI Generated by Armztrong.
