QUI NON NEGAT

FETATUR
HE WHO DOES NOT DENY,
ADMITS
BY: HIZSAM KHIEL T.
SARIP

FACTS

- Tia fong alias Ah sam appealed

against a judgement of the court
of first instance of Misamis
oriental because he has found
guilty with MAXIMO ALCANTAR,
FLORENCIO BAHALA, and RUFINO
PALARCA guilty of homicide. .
They were Sentence each of them
to suffered
the indeterminate
penalty from eight (8) years and
one (1) day of Prision mayor to
fourteen (14) years and eight (8)
months of reclusion temporal

-February 21, 1950 dead body was

found and it has identified as the
dead body of a china man named
lian kao, 28 years of age , son of a
china man Wong Kiat. The body is
in the state of rigidity and the
death must have occurred from 912 hours before discovery. A sign
of strangulation was also found
because of the belt tied around
the neck.

Before the incident happened, Ah

sam was in the partnership with
wong kiat and other china man. Ah
sam separated from wong kiat and
the
other
china
man
and
established his own store. His
compadre
named Hermogenes
tago testified that at eight oclock
in
the
evening
of
February
20,1950,after he had closed the
store and while he has outside ,
he saw Tia Fong pass by and had
occasion to converse with the

Ah Sam complained that his

business was dying because Wong
Kiat, the father of the deceased,
and his companions would not sell
him bread to sell in his store. Ah
Sam after a while said it is better
that Wong Kiat and Lian Kaw be
whipped

Bahala made a confession on

March 9, 1950. The confession of
Maximo Alcantar and Rufino
Palarca were also secured. So an
information was filed on March 9,
1950. This was amended on March
10, 1950. The persons accused
were the three above-mentioned
who has confessed, and Heracleo
Limbaco and the Appellant Tia
Fong alias Ah Sam. Both Limbaco
and Ah Sam denied complicity in
the crime.

Issue

Whether or not Tia Fong

alias Ah Sam the
appellant is not a killer,
but he is accomplice in
crime.

HELD

The final decision of the court

to the appellant Tia fong
alias Ah Sam is murder
instead of homicide.

RELATION TO THE
LEGAL MAXIM

In this case defendant was conceived of muder of one Lian Kao the son of Wong Kiat . The evidence mainly relied upon for conviction was silent participation of the
accused participated.

Gratias Tibi Ago!

Condiscipulis
meis