Case Digest (G.R. No. L-3766)
Facts:
- Elicerio Tan alias Licerio Tan, Leon Tinamor, Luis Nakua, and Moro Sama-Sattari appealed a decision from the Court of First Instance of Zamboanga dated July 31, 1951.
- The appellants were convicted of robbery with homicide and sentenced to reclusion perpetua, along with a joint indemnity of P2,000 to the heirs of the victim, Rosendo Perez.
- The incident occurred on September 23, 1948, at the copra warehouse of Bunge Far East Agencies, Inc. in Isabela, City of Basilan.
- The intruders broke into the manager's office, destroyed a Yale lock, and stole a steel safe containing P27,306.80 and other items.
- The robbers accessed the warehouse through a small window, leaving behind a bolo and a buri hat belonging to Nakua.
- Rosendo Perez, a 68-year-old night watchman, was attacked and killed during the robbery.
- Police linked the robbery to a stolen truck owned by Juan Tan, leading to Elicerio Tan's arrest.
- The appellants provided affidavits during police investigations, implicating themselves and each other.
- The trial began on December 3, 1948, and the defense's witness, Gregorio Flores, claimed responsibility but was deemed unconvincing by the trial court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the affidavits were given voluntarily and not under duress.
- The Court upheld the trial court's admission of the affidavits as evidence against the co-accused.
- The dismissal of the case against the other defendants was found to be jus...(Unlock)
Ratio:
- The Supreme Court emphasized the voluntary nature of the affidavits, rejecting claims of coercion.
- The appellants did not provide sufficient evidence of maltreatment, indicating the affidavits were made without force.
- The trial court's discretion in admitting t...continue reading
Case Digest (G.R. No. L-3766)
Facts:
The case involves the appeal of Elicerio Tan alias Licerio Tan, Leon Tinamor, Luis Nakua, and Moro Sama-Sattari from a decision rendered by the Court of First Instance of Zamboanga on July 31, 1951. The appellants were found guilty of robbery with homicide and sentenced to reclusion perpetua, along with a joint and several indemnity of P2,000 to the heirs of the victim, Rosendo Perez, and to pay proportionate costs. The events unfolded on September 23, 1948, when the copra warehouse of Bunge Far East Agencies, Inc. in Isabela, City of Basilan, was broken into shortly after midnight. The intruders forcibly entered the manager's office, destroyed the Yale lock, and stole a steel safe containing P27,306.80 in cash and other items, including ammunition. The robbers accessed the warehouse through a small window, cutting the wire screen, and left behind a bolo and a buri hat belonging to Nakua.
During the robbery, Rosendo Perez, a 68-year-old night watchman, was attacked and killed with a wooden club, suffering multiple contusions and lacerations that led to his death. The police investigation linked the robbery to the theft of a truck owned by Juan Tan, who reported the incident after hearing the truck's engine running. Elicerio Tan was found inside the truck, leading to his arrest. Following his arrest, Tan and his co-defendants provided several affidavits during police investigations, implicating themselves and each other in the crim...