GR 39989; (January, 1935) (Digest)
G.R. No. 39989 ; January 24, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ESPARE, BABAY and ASU (Moros), defendants-appellants.
FACTS
The appellants, Moros named Espare, Babay, and Asu, were charged with triple murder for the killing of Japanese nationals Hosei Higa, his wife Matsuo Higa, and their eight-year-old son Kentaro Higa in Sirawan, Davao. The victims were found dead in their home with multiple mortal wounds. The prosecution presented evidence including: the discovery of blood-stained bolos concealed in the appellants’ sleeping mats; their nervous behavior when confronted with the bodies; and the testimony of a witness, Kay, who stated that Espare invited him to join a robbery on the night of the murder, that the appellants left together, and that upon returning, Espare told his co-accused not to mention they had killed anyone. The defense relied on an alibi, but the alibi witnesses were found to be relatives or persons interested in the appellants’ acquittal.
ISSUE
Whether the evidence presented by the prosecution is sufficient to prove the guilt of the appellants beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalties. The trial court’s findings of fact, including its assessment of witness credibility, were upheld. The evidence, though poorly presented, was sufficient. The Court found the appellants guilty not of a single complex crime but of three separate crimes: two counts of homicide for killing Hosei Higa and Matsuo Higa, and one count of murder for killing the child Kentaro Higa. Applying Section 106 of the Administrative Code for the Department of Mindanao and Sulu, which gave the trial judge discretion in penalty regardless of classification, the Court imposed an indeterminate sentence for each crime: not less than six years and one day of prision mayor and not more than fourteen years, eight months, and one day of reclusion temporal, plus an indemnity of P1,000 to the heirs of each victim.
AI Generated by Armztrong.