G.R. No. 142039 - Mabunga vs. People

On the morning of October 2, 1994, Bureau of Fire Protection (BFP) employees found the BFP office door in Barangay Capaclan, Romblon forcibly broken and its only typewriter (Triumpha brand, Serial No. 340118640) missing.
The theft was investigated by authorities, and appellant Modesto Mabunga emerged as a prime suspect.

On October 15, 1994, Diana Malay saw appellant carrying a box labeled "HOPE" tied with gray straw string and riding aboard a pedicab with driver Sixto Bernardo.
Following instructions from her husband Rodolfo Malay (BFP employee), Diana followed appellant on foot; appellant unloaded the box at the pier and reboarded the pedicab without the box.
Diana informed BFP employee Villaruel, who verified the movement with Bernardo and proceeded to the pier to keep watch.
Police authorities, including SPO2 Eleazar Madali and PO2 Eustaquio Rogero, were instructed to surveil the "HOPE" box placed under a bench inside the Philippine Ports Authority (PPA) passengers terminal, owned by appellant.
Sylvia Silverio Comienzo, the terminal cashier, identified appellant as the person who entrusted the box to her, saying it contained a damaged electric fan.
The box was guarded until the M/V Peñafrancia 8 departed for Batangas at 8:00 p.m. with appellant aboard. Later, the box was turned over to police officers and opened, revealing the missing BFP typewriter.

On February 7, 1995, Mabunga was charged with robbery under Article 299 of the Revised Penal Code for forcibly entering the BFP office and stealing the typewriter.
Appellant pleaded not guilty and offered an alibi: he claimed to have traveled extensively in September and early October 1994, with documentary evidence (bus tickets and receipts) supporting his whereabouts outside Romblon during the date of the alleged robbery.
He admitted bringing a box marked "CHAMPION," not "HOPE," to the pier on October 15, containing marble novelties.
The prosecution’s case relied heavily on the testimony regarding the possession and handling of the "HOPE" box containing the stolen typewriter.

The Regional Trial Court (RTC) convicted Mabunga, sentencing him to imprisonment and accessory penalties.
The Court of Appeals (CA) affirmed the conviction, emphasizing Sec. 3(j), Rule 131 of the Rules on Evidence—that possession of recently stolen goods allows an inference that the possessor is the taker unless explained otherwise.
Mabunga filed a petition for review with the Supreme Court, assigning errors regarding the admission of evidence, disregard of his alibi, and presumption of intent to gain.

Whether the Court of Appeals erred in disregarding the uncontroverted alibi of the accused despite absence of positive identification.
Whether the admission of the typewriter, allegedly seized without a warrant and in the accused’s absence, violated due process.
Whether the presumption of intent to gain based on possession of the stolen property was properly applied, given appellant’s claimed abandonment of the box to a stranger.
Whether the prosecution proved appellant’s exclusive possession of the stolen typewriter beyond reasonable doubt.