People Of The Philippine Islands v. Vacani

DIAZ, J.:

The accused Manuel Valdes Vacani, Pastor Buenaventura y Flores, and Eleuterio Suayan (alias Terio), in order to have their case reviewed by this court, believing that the judgment rendered therein is not in accordance with law, appealed therefrom assigning in their respective briefs the following alleged errors as committed by the trial court, to wit: The trial court erred in finding the accused Eleuterio Suayan guilty as coprincipal by direct participation of the crime charged, notwithstanding the establishment in his favor of an alibi showing his innocence beyond a reasonable doubt, instead of acquitting him thereof. The trial court erred in finding the accused Pastor Buenaventura guilty as coprincipal by direct participation of the crime charged and in not acquitting him thereof upon his established alibi fully corroborated by the Government witness Gutierrez, when the court itself convicted the accused Buenaventura relying precisely on the portions of the testimony of said witness Gutierrez.

The trial court erred in finding the accused Manuel Valdes Vacani guilty as coprincipal by induction of the crime charged, as a result of the conviction of his co-accused Suayan and Buenaventura of a crime of which they are innocent, instead of acquitting him thereof. (Errors assigned by the appellant Manuel Valdes Vacani.) The trial court erred in admitting Exhibit I, a supposed confession of the accused Pastor Buenaventura against the opposition of the defense and in not ordering for the exclusion of same from the evidence. The trial court erred in finding the accused Pastor Buenaventura and Eleuterio Suayan guilty of the crime charged and in convicting them thereof.

(Errors assigned by the appellants Pastor Buenaventura and Eleuterio Suayan.) Said three appellants were prosecuted for and convicted by the Court of First Instance of Manila of the crime of robbery with serious physical injuries, and were sentenced by said court to an indeterminate penalty of from six years and one day to twelve years; to indemnify the complainant corporation "Liggett & Myers Tobacco Co., Inc." in the sum of P35,311.90, and each to pay the proportionate part of the costs of the suit. In the information filed in the case, it was alleged that the appellant Manuel Vacani, in order to dispossess Antonio J. Balunsat and Dionisio Ochoa, cashier and special policeman, respectively, of "Liggett & Myers Tobacco Co., Inc.", of the money which they carried for deposit in the bank, on October 22, 1934, conspired with his coaccused and, for a price, reward or promise, induced them to seize as they in fact seized from the hands of said Antonio J. Balunsat, after throwing in the latter's face and in that of Dionisio Ochoa who accompanied him, ammonium hydroxide to blind and disable them temporarily, the two portfolios which he carried, containing the sum of P35,311.90 consisting in bills, checks and money orders belonging to said corporation "Liggett & Myers Tobacco Co., Inc."

It was likewise alleged that the latter, by reason of said act of the appellants, was damaged in said sum of P35,311.90; and that each and everyone of them acted with intent of gain. This is not a case where there is direct evidence which, if taken into consideration, would show more or less conclusively the participation of each of the appellants in the commission of the crime of which they were convicted. The evidence presented by the prosecution is mostly circumstantial in character.

The circumstances disclosed by the evidence for the prosecution are briefly as follows: Some minutes before 3 o'clock in the afternoon of the day in question, October 22, 1934, when the alleged robbery took place on Ronquillo Street of the City of Manila, appellants Pastor Buenaventura and Eleuterio Suayan were seen in a Chinese store near the offices of Liggett & Myers Tobacco Co., Inc., having been seen also in said place for several days prior to said date. After said Balunsat Ochoa were attacked and momentarily blinded with the liquid thrown in their face, two men were seen fleeing from the place, running through Ronquillo Street toward Estero Cegado and P. Paterno Streets, Rizal Avenue, Bustos Street and Plaza Santa Cruz, one of them wearing a shirt with colored stripes and pants similar to gabardin, and the other a silk coat and white pants. When Eleuterio Suayan and Pastor Buenaventura were in the Chinese store, the former was wearing a shirt with colored stripes and colored pants very similar to gabardin, and the latter a white shirt (camisa de chino), the witness for the prosecution not having ascertaining the material of which it was made and the color of his pants.

Several minutes after the commission of said acts, two empty cans wrapped in a Chinese newspaper and a felt hat now appearing of record as Exhibits D, D-1 and J, were found at the scene of the aggression and robbery. Said two cans were still moist when they were picked up from the ground and they strongly smelt of ammonia, according to Dr. Waterous and Arcadio Laperal who claimed to be an expert of the Manila Secret Service, to whom they were shown that afternoon a few minutes after 4 and between 5 and 5.30 o'clock respectively. About dawn or early in the morning of October 23, 1934, Pastor Buenaventura was found sound asleep in Bonifacio Gutierrez's house at No. 390 Santa Mesa Street.

The two, Buenaventura and Gutierrez, with a brother of the latter and another whose identity was not proven at the trial, were driving through the City of Manila in the family car of said Gutierrez, and they also were in a Parañaque dance hall for several hours, returning home at 1:30 o'clock in the morning. Upon retiring some minutes after 1:30 in the morning, Bonifacio Gutierrez received from Pastor Buenaventura a roll of bills which, if all consisted of one-peso bills as the visible one which served as wrapper for the others, would amount of P30, the diameter of the roll formed thereby being approximately an inch. At the third search of Manuel Valdes Vacani's car on the morning following the night when it was at the disposal of the police at their own station, having compelled said Vacani to leave it there after questioning him on the robbery in question, a jar containing solution of ammonia in a quantity not proven at the trial, was found in the pocket-flap of the left rear door thereof, together with some rags more or less soaked in ammonia.

Said pocket-flap notably smelt of ammonia. The police twice searched Valdes Vacani's house at No. 20 Murillo Street, first on October 23rd and lastly on the 24th, and also searched the house of Antonio Zaragoza, Vacani's father-in-law, at No. 32 on the same street, having found in Valdes Vacani's house during the last search made on October 24th, if the testimony of the policemen who testified on this point should be given credit, the newspaper, Exhibit N, which, according to Arcadio Laperal's testimony, was part of the newspaper which served as wrappers for the cans, Exhibits D and D-1; Exhibits E, E-1, F, G, H and H-1 which are respectively an envelope on which the names of Eleuterio Suayan and "Terry" were written in pencil; an application for a driver's license prepared for Eleuterio Suayan's signature; a notebook on one of whose pages appear the following notes: 7.00 Pastor Terio Tayong -20.20-2-1-20-4-3 -20.20-20- -20.20-20- 20 25 20 25 20 10 10 10