Monday, February 8, 2010

People vs Umali

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

People vs Umali
G.R. No. L-5803
November 29, 1954

Facts:


The complex crime of which appellants Narciso Umali, et. al were found guilty was said to have been committed during the raid staged in the town of Tiaong, Quezon, between 8:00 and 9:00 in the evening of November 14, 1951, by armed men. The raid took place resulting in the burning down and complete destruction of the house of Mayor Marcial Punzalan including its content valued at P24,023; the house of Valentin Robles valued at P10,000, and the house of one Mortega, the death of Patrolman Domingo Pisigan and civilians Vicente Soriano and Leocadio Untalan, and the wounding of Patrolman Pedro Lacorte and five civilians.

During and after the burning of the houses, some of the raiders engaged in looting, robbing one house and two Chinese stores; and that the raiders were finally dispersed and driven from the town by the Philippine Army soldiers stationed in the town led by Captain Alzate.

Issue:

Whether or not the accused-appellants are liable of the charges against them of complex crime of rebellion with multiple murder, frustrated murder, arson and robbery?

Held:

Yes. The appellants were guilty of sedition, multiple murder, arson, frustrated murder and physical injuries. For the crime of sedition each of the appellants is sentenced to 5 years of prision correctional and to pay a fine of P4,000; for each of the three murders, each of the appellants is sentenced to life imprisonment and to indemnify the heirs of each victim in the sum of P6,000; and for the arson, for which we impose the maximum penalty provided in Article 321, paragraph 1, of the Revised Penal Code, for the reason that the raiders in setting fire to the buildings, particularly the house of Punzalan they knew that it was then occupied by one or more persons, because they even and actually saw an old lady, the mother of Punzalan, at the window, and in view of the aggravating circumstances of nighttime, each of the appellants is sentenced to reclusion perpetua and to pay the indemnities mentioned in the decision of the lower court. It shall be understood, however, the pursuant to the provisions of Article 70 of the Revised Penal Code the duration of all penalties shall not exceed 40 years. In view of the heavy penalties already imposed and their long duration, the court finds it unnecessary to fix and impose the prison sentences corresponding to frustrated murder and physical injuries; however, the sums awarded the victims (Lacorte, Ortega, Anselo, Rivano, Garcia and Lector), by the court below will stand. With these modifications, the decision appealed from is hereby affirmed, with costs.

Case Digest by: cbcabalza2010

2 comments:

Anonymous said...

all i can say is....his a very good father..i was'nt born yet when all those things happen. But i know in my heart his a really good man.

Chester Cabalza said...

I believe you so. I sympathize with your ordeal. I would just like to say that the posting of this case digest here, is simply for academic purpose. Hope you don't get offended, of me, posting this case. Thank you very much.