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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 46412. September 18, 1939. ]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANOJI (Moro), Defendant-Appellant.

Nicolas Belmonte for Appellant.

Solicitor-General Ozaeta and Assistant Attorney Ampars for Appellee.

SYLLABUS


CRIMINAL LAW AND PROCEDURE; ROBBERY WITH HOMICIDE; REASONABLE DOUBT. — There are certain facts in the present case which if taken together are sufficient to raise in the mind of the court a grave doubt as to the guilt of the defendant-appellant, "that doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt." (U. S. v. Lasada [1910], 18 Phil., 90, 96.) In the light of the facts and circumstances of record, we feel that it is better to acquit a man upon the ground of reasonable doubt, even though he may in reality be guilty, than to confine in the penitentiary for the rest of his natural life a person who may be innocent. (People v. Asinas [1929], 63 Phil., 69, 71.)


D E C I S I O N


LAUREL, J.:


On August 2, 1938, the provincial fiscal of Davao filed an amended information charging Moros Abdulah and Manoji with the crime of robbery with homicide, alleged to have been committed as follows:jgc:chanrobles.com.ph

"That on or about the 19th day of April, 1938 in the barrio of Bongabong, municipality of Pantukan, Province of Davao, Philippines, and within the jurisdiction of this court, the said accused, conspiring and confederating together and helping one another and with intent of robbing did then and there wilfully, unlawfully and feloniously and with intent to kill, box, attack, assault and beat with a piece of wood one Seijin Ige, and once the latter was rendered helpless, lying on the ground, the said accused choked him to death; and that in direct relation thereto the said accused, immediately after the killing, with intent of gain, did then and there take and steal from the pocket of said Seijin Ige the amount of P5, to the damage and prejudice of the said Seijin Ige in the said sum."cralaw virtua1aw library

After trial, the Honorable Judge of the Court of First Instance of Davao, rendered a decision on September 8, 1938, acquitting Moro Abdulah, and finding Moro Manoji guilty of the crime charged, and sentencing the latter of reclusion perpetua, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs. From this judgment, Moro Manoji appeals to this court. His counsel de oficio, whose well-written brief merits commendation, submits the following assignment of errors:chanrob1es virtual 1aw library

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