People vs Felipe Dueño, et.al.

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People vs Felipe Dueño, et.al.
G.R. No. L-31102
May 5, 1979

Facts:

On 21 January 1963, in Maayon, Capiz, the said accused were all armed with pistol, revolver and fighting bolo, conspiring, confederating and helping one another, with evident premeditation and treachery, and feloniously shoot and hit Bernardo Demontano which resulted in his instantaneous death.

Upon arraignment on 13 June and 25 July 1964 all of the accused pleaded not guilty. At the trial, the prosecution presented its evidence consisting of the testimonies of Dra. Teresa C. Andrada, Federico Dolfo, Roque Dellomos and Sets.

The appeal was directed to the Court of Appeals, but, in view of the penalty involved, the records were forwarded to this Court on October 4, 1969. 5 On January 2, 1977, and May 8, 1978 — after the case had been submitted for decision on February 1, 1972 - appellants Felipe Dueno and Sofronio Dueno, respectively, withdrew their appeals. These withdrawals were allowed in resolutions dated January 2, 1977 and June 28, 1978. 6 hence, only the appeal of accused appellant Andresito Belonio is wider review in this decision.

Issue:

W/O accused-appellants committed murder under Art. 248 of the RPC?

Held:

The evidence for the prosecution establish that in the afternoon of January 21, 1963, the three accused-appellants fired upon Roque Dellomos and Federico Dolfo but missed them; and theft in the evening of the same day, the three again were Identified as the assailants who fired upon and killed Bernardo Demontaño who was mistaken for Roque Dellomos and/or Federico Dolfo. It also appears that their defense of alibi was not worthy of credence. The guilt of the three accused-appellants, therefore, has been established and proved beyond reasonable doubt.
There being no mitigating or aggravating circumstance, the penalty of life imprisonment or reclusion perpetua is the proper penalty in accordance with Art. 248, in relation to Articles 64, par. 1, and 77 of the Revised Penal Code.

The civil indemnity to the heirs of the deceased, however, should be raised from P6,000.00 to P12,000.00. The trial court's decision should accordingly be modified. Accused-appellants Felipe Dueno and Sofronio Dueno had withdrawn their appeals, and the decision of the trial court already became final and executory as to them. The decision is binding as to the third accused-appellant, Andresito Belonio, who pursued his appeal. With the modification that the indemnity to be paid to the heirs of the deceased should be raised from P6,000.00 to P12,000.00 without subsidiary imprisonment in case of insolvency, the decision appealed from is hereby Affirmed. No cost. So ordered.