Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1903 > February 1903 Decisions > G.R. No. 979 February 12, 1903 - UNITED STATES v. EUSEBIO SANTA CRUZ

001 Phil 726:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 979. February 12, 1903. ]

THE UNITED STATES, Complainant-Appellee, v. EUSEBIO SANTA CRUZ, Defendant-Appellant.

Emilio Gaudier, for Appellant.

Solicitor-General Araneta, for Appellee.

SYLLABUS


1. CRIMINAL LAW; SUFFICIENCY OF EVIDENCE. — Where the testimony of the prosecuting witness is inherently improbable and is without corroboration it can not be said that all reasonable doubt of guilt is excluded.


D E C I S I O N


LADD, J. :


The defendant was convicted in the court below of robbery with violence to the person, and has appealed. The case of the prosecution rests mainly upon the testimony of the person alleged to have been robbed — one Ri-Jhorumal, who is a young Hindoo boy employed in a shop on the Escolta in Manila. He testified — and to this extent his evidence is corroborated by his employer — that he was sent by the latter to the Tondo market to buy thread and given ten pesos in silver for that purpose. He states that he was robbed of this money in a street near the market by two men, one of whom held his hand over his month while the other took the money out of his pocket and ran away. He identifies the defendant as the man who held his hand over his mouth. He says this took place about 11 o’clock in the morning. He says that one Claudio Subit saw the occurrence, but Subit, having been called as a witness for the prosecution, denies this. On the part of the defense there was evidence from several witnesses which if believed establishes an alibi.

It is somewhat improbable that such an occurrence as that related by Ri-Jhorumal should have taken place in broad daylight in a central portion of a large city without attracting some one’s attention, and in view of this improbability, and in the absence of corroborating circumstances, we can not say that the evidence wholly excludes a reasonable doubt as to the guilt of the accused.

The judgment of the court below is reversed with costs de oficio, the case to be returned to that court for proceedings in conformity with this opinion. So ordered.

Arellano, C.J., Torres, Cooper, Willard and Mapa, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






February-1903 Jurisprudence                 

  • G.R. No. 413 February 2, 1903 - JOSE FERNANDEZ v. FRANCISCO DE LA ROSA

    001 Phil 671

  • G.R. No. 971 February 3, 1903 - UNITED STATES ET AL. v. PONCIANO VILORIA

    001 Phil 682

  • G.R. No. 858 February 5, 1903 - FRANCISCO MARTINEZ v. PEDRO MARTINEZ

    001 Phil 686

  • G.R. No. 949 February 6, 1903 - UNITED STATES v. EULOGIO DE SOSA

    001 Phil 687

  • G.R. No. 857 February 10, 1903 - EULALIO HERNAEZ v. ROSENDO HERNAEZ

    001 Phil 689

  • G.R. No. 873 February 10, 1903 - UNITED STATES v. SECUNDINO MENDEZONA

    001 Phil 696

  • G.R. No. 910 February 10, 1903 - PRAUTCH v. DOLORES HERNANDEZ DE GOYENECHEA

    001 Phil 705

  • G.R. No. 999 February 10, 1903 - UNITED STATES v. CARLOS SANTIAGO ET AL.

    001 Phil 716

  • G.R. No. 847 February 12, 1903 - EULALIO HERNAEZ v. ROSENDO HERNAEZ

    001 Phil 718

  • G.R. No. 905 February 12, 1903 - ISABEL VELASCO v. FRANCISCO LOPEZ

    001 Phil 720

  • G.R. No. 979 February 12, 1903 - UNITED STATES v. EUSEBIO SANTA CRUZ

    001 Phil 726

  • G.R. No. 571 February 14, 1903 - UNITED STATES v. THOMAS E. KEPNER

    001 Phil 727

  • G.R. No. 900 February 14, 1903 - UNITED STATES v. PEDRO LARDIZABAL

    001 Phil 729

  • G.R. No. 506 February 16, 1903 - UNITED STATES v. MUNICIPAL COUNCIL OF SANTA CRUZ DE MALABON

    001 Phil 731

  • G.R. No. 1018 February 17, 1903 - UNITED STATES v. IGNACIO CRUZ

    001 Phil 734

  • G.R. No. 1043 February 17, 1903 - UNITED STATES v. JULIAN ATIENZA

    001 Phil 736

  • G.R. No. 1012 February 19, 1903 - UNITED STATES v. ISABELO DINSING ET AL.

    001 Phil 738

  • G.R. No. 1032 February 19, 1903 - UNITED STATES v. AGUSTIN ABLAZA

    001 Phil 740

  • G.R. No. 980 February 20, 1903 - UNITED STATES v. EUGENIO BARBOSA

    001 Phil 741

  • G.R. No. 1195 February 20, 1903 - TRANQUILINA ALMADIN v. CELESTINO ALMADIN

    001 Phil 748

  • G.R. No. 1001 February 21, 1903 - UNITED STATES v. GERONIMO TORRENTE

  • G.R. No. 1070 February 28, 1903 - UNITED STATES v. PABLO JUDIT

    002 Phil 5