Copyright © 2010 by Chester Cabalza
G Em C D
Shine waiting for the brand new day to start
G Em C D
And leaving the dusty road
G Em C D
Shine sharing the happy moment
G Em C D
Yet carrying the heavy cross
G Em C D G
Now is the time to let all things happen in its way
Am A D
Life is full of mystery
Am A D
Shining bright that’s you amidst the dark
Am A D
Take me out of the dark and
G
Shine…
Tuesday, February 9, 2010
Monday, February 8, 2010
People vs Continente
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
People vs Continente
G.R. Nos. 100801-02
August 25, 2000
Facts:
The Decision dated February 27, 1991 of the Regional Trial Court of Quezon City, Branch 88, in Criminal Cases Nos. 89-4843 and 89-4844 finding herein appellants guilty beyond reasonable doubt of the crimes of murder and frustrated murder, respectively for the killing of U.S. Col. James N. Rowe and for seriously wounding Joaquin Vinuya.
It appears that appellant Donato Continente and several others were initially charged with the crimes of murder and frustrated murder in two (2) separate Informations dated June 20, 1989 in connection with the shooting incident on April 21, 1989 at the corner of Tomas Morato Street and Timog Avenue in Quezon City which caused the death of U.S. Col. James N. Rowe while seriously wounding his driver, Joaquin Vinuya. After the arrest of another suspect, Juanito Itaas, on August 27, 1989 in Davao City, the prosecution, with prior leave of court, filed two (2) separate amended Informations for murder and frustrated murder to include Juanito T. Itaas, among the other accused.
Issue:
Whether accused-appellants are guilty beyond reasonable doubt of the two amended separate informations for murder and frustrated murder?
Held:
Yes. With respect to the extra-judicial confession executed by accused Itaas, the Court finds that such was made pursuant to the Constitution. Although it may be argued that accused resides in Davao, the fact that he could understand Tagalog as admitted by him in his testimony and proven by the proceedings in court where he was answering questions addressed to him in Tagalog militates against his inability to comprehend his right and its subsequent waiver. Counsel for accused contests the independence and competence of Atty. Filemon Corpuz on the ground that said lawyer was a military lawyer. Although the military background of Atty. Corpuz is admitted, this does not automatically disqualify him to act as lawyer for the accused. Proof of the fact that he failed to render his duty to safeguard the rights of the accused must be shown before this court nullifies the weight of Itaas' extra-judicial confession. The allegation of torture similarly rings hollow. No medical certificate had been shown by the accused that he had indeed suffered brutal treatment from his jailers specially since he had alleged to have been treated by a doctor for his injuries."
The following are the appealed Decision of the Regional Trial Court. In Criminal Case No. Q-89-4843, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment of reclusion perpetua. Appellant Continente as accomplice, is hereby sentenced to suffer imprisonment for twelve (12) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum. Both appellants Itaas and Continente are ORDERED to pay jointly and severally the amount of P50,000.00 to the heirs of the victim, Col. James Rowe, by way of civil indemnity.In Criminal Case No. Q-89-4844, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of attempted murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment for six (6) years of prision correccional, as minimum, to nine (9) years and six (6) months of prision mayor, as maximum. Appellant Continente, as accomplice, is hereby sentenced to suffer imprisonment of six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum.
Case Digest by: cbcabalza2010
People vs Continente
G.R. Nos. 100801-02
August 25, 2000
Facts:
The Decision dated February 27, 1991 of the Regional Trial Court of Quezon City, Branch 88, in Criminal Cases Nos. 89-4843 and 89-4844 finding herein appellants guilty beyond reasonable doubt of the crimes of murder and frustrated murder, respectively for the killing of U.S. Col. James N. Rowe and for seriously wounding Joaquin Vinuya.
It appears that appellant Donato Continente and several others were initially charged with the crimes of murder and frustrated murder in two (2) separate Informations dated June 20, 1989 in connection with the shooting incident on April 21, 1989 at the corner of Tomas Morato Street and Timog Avenue in Quezon City which caused the death of U.S. Col. James N. Rowe while seriously wounding his driver, Joaquin Vinuya. After the arrest of another suspect, Juanito Itaas, on August 27, 1989 in Davao City, the prosecution, with prior leave of court, filed two (2) separate amended Informations for murder and frustrated murder to include Juanito T. Itaas, among the other accused.
Issue:
Whether accused-appellants are guilty beyond reasonable doubt of the two amended separate informations for murder and frustrated murder?
Held:
Yes. With respect to the extra-judicial confession executed by accused Itaas, the Court finds that such was made pursuant to the Constitution. Although it may be argued that accused resides in Davao, the fact that he could understand Tagalog as admitted by him in his testimony and proven by the proceedings in court where he was answering questions addressed to him in Tagalog militates against his inability to comprehend his right and its subsequent waiver. Counsel for accused contests the independence and competence of Atty. Filemon Corpuz on the ground that said lawyer was a military lawyer. Although the military background of Atty. Corpuz is admitted, this does not automatically disqualify him to act as lawyer for the accused. Proof of the fact that he failed to render his duty to safeguard the rights of the accused must be shown before this court nullifies the weight of Itaas' extra-judicial confession. The allegation of torture similarly rings hollow. No medical certificate had been shown by the accused that he had indeed suffered brutal treatment from his jailers specially since he had alleged to have been treated by a doctor for his injuries."
The following are the appealed Decision of the Regional Trial Court. In Criminal Case No. Q-89-4843, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment of reclusion perpetua. Appellant Continente as accomplice, is hereby sentenced to suffer imprisonment for twelve (12) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum. Both appellants Itaas and Continente are ORDERED to pay jointly and severally the amount of P50,000.00 to the heirs of the victim, Col. James Rowe, by way of civil indemnity.In Criminal Case No. Q-89-4844, appellants Juanito Itaas and Donato Continente are found GUILTY beyond reasonable doubt of the crime of attempted murder, as principal and as accomplice, respectively. Appellant Itaas, as principal, is hereby sentenced to suffer imprisonment for six (6) years of prision correccional, as minimum, to nine (9) years and six (6) months of prision mayor, as maximum. Appellant Continente, as accomplice, is hereby sentenced to suffer imprisonment of six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum.
Case Digest by: cbcabalza2010
People vs Dasig
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
People vs Dasig
G.R. No. 100231
April 28, 1993
Facts:
Appellants Rodrigo Dasig, Edwin Nuñez and 6 others were charged together of shooting Redempto Manatad, a police officer, as he died while performing duties. Upon arraignment, appellant and Edwin Nuñes entered a plea of "not guilty." However, after the prosecution had presented its first witness, accused Nuñes changed his plea of "not guilty" to "guilty." Hence, the lower court held in abeyance the promulgation of a judgment against said accused until the prosecution had finished presenting its evidence. While trial was still ongoing, Nuñez died on March 10, 1989, thereby extinguishing his criminal liability.
At about 4:00 o'clock in the afternoon, Pfc. Catamora noticed eight (8) persons, one of whom he identified as Edwin Nuñez, acting suspiciously. He noticed one of them giving instructions to two of the men to approach Pfc. Manatad. On August 16, 1987, two teams of police officers were tasked to conduct surveillance on a suspected safehouse of members of the sparrow unit located in Peace Valley, Cebu City. Upon reaching the place, the group saw Rodrigo Dasig and Edwin Nuñes trying to escape. The team of Capt. Antonio Gorre captured Nuñes and confiscated a .45 caliber revolver with 3 magazines and ammunitions, while the group of Sgt. Ronald Arnejo pursued Dasig, who threw a grenade at his pursuers, but was shot on his left upper arm and subsequently apprehended while a .38 caliber revolver with 17 live ammunitions were confiscated from him. Thereafter, Dasig was brought to the hospital for treatment, while Nuñes was turned over to the Metrodiscom for investigation. Dasig confessed that he and the group of Edwin Nuñes killed Pfc. Manatad. He likewise admitted that he and Nuñes were members of the sparrow unit and the their aliases were "Armand" and "Mabi," respectively.
The extra-judicial confession of appellant was signed by him on every page thereof with the first page containing a certification likewise signed by him. However, Dasig contends that the procedure by which his extra-judicial confession was taken was legally defective, and contrary to his Constitutional rights. He further contends that assuming he conspired in the killing of Pfc. Manatad, he should be convicted at most of simple rebellion and not murder with direct assault. Appellant also claims that the custodial interrogation was done while he was still very sick and consequently, he could not have fully appreciated the wisdom of admitting such a serious offense.
Issue:
Whether or not the accused-appellant is liable for extra-judicial killing of the deceased and participated in the act of rebellion?
Held:
Yes. Accused Rogelio Dasig is found guilty of participating in an act of rebellion beyond reasonable doubt and is hereby sentenced to suffer the penalty of imprisonment of eight (8) years of prision mayor, and to pay the heirs of Pfc. Redempto Manatad, P50,000.00 as civil indemnity.
As to the proper imposable penalty, the Indeterminate Sentence Law is not applicable to persons convicted of rebellion (Sec. 2, R.A. 4203), contrary to the insinuation of the Solicitor General. Article 135 of the Revised Penal Code imposes the penalty of prision mayor and a fine not exceeding P20,000.00 to any person who promotes, maintains, or heads a rebellion. However, in the case at bar, there is no evidence to prove that appellant Dasig headed the crime committed. As a matter of fact he was not specifically pinpointed by Pfc. Catamora as the person giving instructions to the group which attacked Pfc. Manatad.
Appellant merely participated in committing the act, or just executed the command of an unknown leader. Hence, he should be made to suffer the penalty of imprisonment of eight (8) years of prision mayor. For the resulting death, appellant is likewise ordered to pay the heirs of Pfc. Manatad FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity.
Case Digest by: cbcabalza2010
People vs Dasig
G.R. No. 100231
April 28, 1993
Facts:
Appellants Rodrigo Dasig, Edwin Nuñez and 6 others were charged together of shooting Redempto Manatad, a police officer, as he died while performing duties. Upon arraignment, appellant and Edwin Nuñes entered a plea of "not guilty." However, after the prosecution had presented its first witness, accused Nuñes changed his plea of "not guilty" to "guilty." Hence, the lower court held in abeyance the promulgation of a judgment against said accused until the prosecution had finished presenting its evidence. While trial was still ongoing, Nuñez died on March 10, 1989, thereby extinguishing his criminal liability.
At about 4:00 o'clock in the afternoon, Pfc. Catamora noticed eight (8) persons, one of whom he identified as Edwin Nuñez, acting suspiciously. He noticed one of them giving instructions to two of the men to approach Pfc. Manatad. On August 16, 1987, two teams of police officers were tasked to conduct surveillance on a suspected safehouse of members of the sparrow unit located in Peace Valley, Cebu City. Upon reaching the place, the group saw Rodrigo Dasig and Edwin Nuñes trying to escape. The team of Capt. Antonio Gorre captured Nuñes and confiscated a .45 caliber revolver with 3 magazines and ammunitions, while the group of Sgt. Ronald Arnejo pursued Dasig, who threw a grenade at his pursuers, but was shot on his left upper arm and subsequently apprehended while a .38 caliber revolver with 17 live ammunitions were confiscated from him. Thereafter, Dasig was brought to the hospital for treatment, while Nuñes was turned over to the Metrodiscom for investigation. Dasig confessed that he and the group of Edwin Nuñes killed Pfc. Manatad. He likewise admitted that he and Nuñes were members of the sparrow unit and the their aliases were "Armand" and "Mabi," respectively.
The extra-judicial confession of appellant was signed by him on every page thereof with the first page containing a certification likewise signed by him. However, Dasig contends that the procedure by which his extra-judicial confession was taken was legally defective, and contrary to his Constitutional rights. He further contends that assuming he conspired in the killing of Pfc. Manatad, he should be convicted at most of simple rebellion and not murder with direct assault. Appellant also claims that the custodial interrogation was done while he was still very sick and consequently, he could not have fully appreciated the wisdom of admitting such a serious offense.
Issue:
Whether or not the accused-appellant is liable for extra-judicial killing of the deceased and participated in the act of rebellion?
Held:
Yes. Accused Rogelio Dasig is found guilty of participating in an act of rebellion beyond reasonable doubt and is hereby sentenced to suffer the penalty of imprisonment of eight (8) years of prision mayor, and to pay the heirs of Pfc. Redempto Manatad, P50,000.00 as civil indemnity.
As to the proper imposable penalty, the Indeterminate Sentence Law is not applicable to persons convicted of rebellion (Sec. 2, R.A. 4203), contrary to the insinuation of the Solicitor General. Article 135 of the Revised Penal Code imposes the penalty of prision mayor and a fine not exceeding P20,000.00 to any person who promotes, maintains, or heads a rebellion. However, in the case at bar, there is no evidence to prove that appellant Dasig headed the crime committed. As a matter of fact he was not specifically pinpointed by Pfc. Catamora as the person giving instructions to the group which attacked Pfc. Manatad.
Appellant merely participated in committing the act, or just executed the command of an unknown leader. Hence, he should be made to suffer the penalty of imprisonment of eight (8) years of prision mayor. For the resulting death, appellant is likewise ordered to pay the heirs of Pfc. Manatad FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity.
Case Digest by: cbcabalza2010
Espuelas vs People
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
Espuelas vs People
G.R. No. L-2990
December 17, 1951
Facts:
On June 9 and June 24, 1947, both dates inclusive, in the town of Tagbilaran, Bohol, Oscar Espuelas y Mendoza had his picture taken, making it to appear as if he were hanging lifeless at the end of a piece of rope suspended form the limb of the tree, when in truth and in fact, he was merely standing on a barrel. After securing copies of his photograph, Espuelas sent copies of same to Free Press, the Evening News, the Bisayas, Lamdang of general circulation and other local periodicals in the Province of Bohol but also throughout the Philippines and abroad, for their publication with a suicide note or letter, wherein he made to appear that it was written by a fictitious suicide, Alberto Reveniera and addressed to the latter's supposed wife translation of which letter or note, stating his dismay and administration of President Roxas, pointing out the situation in Central Luzon and Leyte, and directing his wife his dear wife to write to President Truman and Churchill of US and tell them that in the Philippines the government is infested with many Hitlers and Mussolinis.
Issue:
Whether the accused is liable of seditious libel under Art. 142 of the RPC against the Government of the Philippines?
Held:
Yes. The accused must therefore be found guilty as charged. And there being no question as to the legality of the penalty imposed on him, the decision will be affirmed with costs.
Analyzed for meaning and weighed in its consequences, the article written bybthe accused, cannot fail to impress thinking persons that it seeks to sow the seeds of sedition and strife. The infuriating language is not a sincere effort to persuade, what with the writer's simulated suicide and false claim to martyrdom and what with is failure to particularize. When the use irritating language centers not on persuading the readers but on creating disturbances, the rationable of free speech cannot apply and the speaker or writer is removed from the protection of the constitutional guaranty.
If it be argued that the article does not discredit the entire governmental structure but only President Roxas and his men, the reply is that article 142 punishes not only all libels against the Government but also "libels against any of the duly constituted authorities thereof." The "Roxas people" in the Government obviously refer of least to the President, his Cabinet and the majority of legislators to whom the adjectives dirty, Hitlers and Mussolinis were naturally directed. On this score alone the conviction could be upheld.
Regarding the publication, it suggests or incites rebellious conspiracies or riots and tends to stir up people against the constituted authorities, or to provoke violence from opposition who may seek to silence the writer. Which is the sum and substance of the offense under consideration.
The essence of seditious libel may be said to its immediate tendency to stir up general discontent to the pitch of illegal courses; that is to say to induce people to resort to illegal methods other than those provided by the Constitution, in order to repress the evils which press upon their minds.
Case Digest by: cbcabalza2010
Espuelas vs People
G.R. No. L-2990
December 17, 1951
Facts:
On June 9 and June 24, 1947, both dates inclusive, in the town of Tagbilaran, Bohol, Oscar Espuelas y Mendoza had his picture taken, making it to appear as if he were hanging lifeless at the end of a piece of rope suspended form the limb of the tree, when in truth and in fact, he was merely standing on a barrel. After securing copies of his photograph, Espuelas sent copies of same to Free Press, the Evening News, the Bisayas, Lamdang of general circulation and other local periodicals in the Province of Bohol but also throughout the Philippines and abroad, for their publication with a suicide note or letter, wherein he made to appear that it was written by a fictitious suicide, Alberto Reveniera and addressed to the latter's supposed wife translation of which letter or note, stating his dismay and administration of President Roxas, pointing out the situation in Central Luzon and Leyte, and directing his wife his dear wife to write to President Truman and Churchill of US and tell them that in the Philippines the government is infested with many Hitlers and Mussolinis.
Issue:
Whether the accused is liable of seditious libel under Art. 142 of the RPC against the Government of the Philippines?
Held:
Yes. The accused must therefore be found guilty as charged. And there being no question as to the legality of the penalty imposed on him, the decision will be affirmed with costs.
Analyzed for meaning and weighed in its consequences, the article written bybthe accused, cannot fail to impress thinking persons that it seeks to sow the seeds of sedition and strife. The infuriating language is not a sincere effort to persuade, what with the writer's simulated suicide and false claim to martyrdom and what with is failure to particularize. When the use irritating language centers not on persuading the readers but on creating disturbances, the rationable of free speech cannot apply and the speaker or writer is removed from the protection of the constitutional guaranty.
If it be argued that the article does not discredit the entire governmental structure but only President Roxas and his men, the reply is that article 142 punishes not only all libels against the Government but also "libels against any of the duly constituted authorities thereof." The "Roxas people" in the Government obviously refer of least to the President, his Cabinet and the majority of legislators to whom the adjectives dirty, Hitlers and Mussolinis were naturally directed. On this score alone the conviction could be upheld.
Regarding the publication, it suggests or incites rebellious conspiracies or riots and tends to stir up people against the constituted authorities, or to provoke violence from opposition who may seek to silence the writer. Which is the sum and substance of the offense under consideration.
The essence of seditious libel may be said to its immediate tendency to stir up general discontent to the pitch of illegal courses; that is to say to induce people to resort to illegal methods other than those provided by the Constitution, in order to repress the evils which press upon their minds.
Case Digest by: cbcabalza2010
People vs Tahil and Tarson
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
People vs Tahil and Tarson
G.R. No. L-5803
November 29, 1954
Facts:
The appellants, Datu Tahil and Datu Tarson, were convicted in the Court of First Instance of Sulu of the crime of rebellion, Datu Tahil being sentenced to ten years' imprisonment and to pay a fine of $10,000, and Datu Tarso to five years' imprisonment and to pay a fine of $5,000, with sudsidiary imprisonment in case of insolvency in regard to Datu Tarson.
Having encountered certain difficulties in the collection of the land and the personal cedula taxes among the resident of Patikul, due to their refusal to make this payment, the provincial governor of Sulu, Carl Moore, turned the matter over to Lieutenant Angeles of the Constabulary for the purpose of employing such means as he might consider convenient to overcome these difficulties. Datu Tahil, then the third member of the provincial board of Sulu, being amongst those who refused to make this payment, Lieutenant Angeles tried and succeeded in having a conference with him, in which Datu Tahil suggested that he return the following day because he would call meeting of his people at his house in Liang in order to discuss the matter with them. Lieutenant Angeles went to Datu Tahil's house the day following this meeting and found about 70 persons present. After Lieutenant Angeles has explained to all the importance of the Government's collecting the land tax, Datu Tahil took several of those present into a room for a secret conference, after which he informed Lieutenant Angeles that he, personally, had no objection to paying the tax, but the others asked time to do so.
On January, 1927, the provincial fiscal filed a complaint against Datu Tahil and his followers charging them with sedition, and the proper warrant of arrest was issued on the 15th. Governor Moore, however, did not wish to proceed on this warrant of arrest and tried to persuade Datu Tahil and his followers to desist from their intention, using the influence of other prominent Moros to this end. Governor Moore even tried to have a conference with Datu Tahil for the same purpose, but was unsuccessful because he was informed that they intended to attack him. On January 30, the governor delivered the search warrant.
Issue:
Whether or not the appellants committed sedition or rebellion?
Held:
The facts proven, however, constitute the crime of sedition, defined in section 5 of Act No. 292, and not of rebellion according to section 3 of the same law, the acts committed being limited to preventing the Government officials, throught force, from complying with their duties in connection with the judicial order, the enforcement of which was entrusted to them.
Thus, the crime committed is that of sedition, and the fine imposed upon Datu Tahil is therefore reduced to $5,000 and that imposed upon Datu Tarson to $2,500, the judgment appealed from being affirmed in all other respects, with the costs against the appellants. So ordered.
Case Digest by: cbcabalza2010
People vs Tahil and Tarson
G.R. No. L-5803
November 29, 1954
Facts:
The appellants, Datu Tahil and Datu Tarson, were convicted in the Court of First Instance of Sulu of the crime of rebellion, Datu Tahil being sentenced to ten years' imprisonment and to pay a fine of $10,000, and Datu Tarso to five years' imprisonment and to pay a fine of $5,000, with sudsidiary imprisonment in case of insolvency in regard to Datu Tarson.
Having encountered certain difficulties in the collection of the land and the personal cedula taxes among the resident of Patikul, due to their refusal to make this payment, the provincial governor of Sulu, Carl Moore, turned the matter over to Lieutenant Angeles of the Constabulary for the purpose of employing such means as he might consider convenient to overcome these difficulties. Datu Tahil, then the third member of the provincial board of Sulu, being amongst those who refused to make this payment, Lieutenant Angeles tried and succeeded in having a conference with him, in which Datu Tahil suggested that he return the following day because he would call meeting of his people at his house in Liang in order to discuss the matter with them. Lieutenant Angeles went to Datu Tahil's house the day following this meeting and found about 70 persons present. After Lieutenant Angeles has explained to all the importance of the Government's collecting the land tax, Datu Tahil took several of those present into a room for a secret conference, after which he informed Lieutenant Angeles that he, personally, had no objection to paying the tax, but the others asked time to do so.
On January, 1927, the provincial fiscal filed a complaint against Datu Tahil and his followers charging them with sedition, and the proper warrant of arrest was issued on the 15th. Governor Moore, however, did not wish to proceed on this warrant of arrest and tried to persuade Datu Tahil and his followers to desist from their intention, using the influence of other prominent Moros to this end. Governor Moore even tried to have a conference with Datu Tahil for the same purpose, but was unsuccessful because he was informed that they intended to attack him. On January 30, the governor delivered the search warrant.
Issue:
Whether or not the appellants committed sedition or rebellion?
Held:
The facts proven, however, constitute the crime of sedition, defined in section 5 of Act No. 292, and not of rebellion according to section 3 of the same law, the acts committed being limited to preventing the Government officials, throught force, from complying with their duties in connection with the judicial order, the enforcement of which was entrusted to them.
Thus, the crime committed is that of sedition, and the fine imposed upon Datu Tahil is therefore reduced to $5,000 and that imposed upon Datu Tarson to $2,500, the judgment appealed from being affirmed in all other respects, with the costs against the appellants. So ordered.
Case Digest by: cbcabalza2010
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
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
People vs Lovedioro
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
People vs Lovedioro
G.R. No. 112235
November 29, 1995
Facts:
Off-duty policeman SPO3 Jesus Lucilo was walking along Burgos St., away from the Daraga, Albay Public Market when a man suddenly walked beside him, pulled a .45 caliber gun from his waist, aimed the gun at the policeman's right ear and fired. The man who shot Lucilo had three other companions with him, one of whom shot the fallen policeman four times as he lay on the ground. After taking the latter's gun, the man and his companions boarded a tricycle and fled.
The incident was witnessed from a distance of about nine meters by Nestor Armenta, a 25 year old welder from Pilar, Sorsogon, who claimed that he knew both the victim and the man who fired the fatal shot. Armenta identified the man who fired at the deceased as Elias Lovedioro y Castro, his nephew (appellant's father was his first cousin) and alleged that he knew the victim from the fact that the latter was a resident of Bagumbayan.
Lucilo died on the same day of massive blood loss from multiple gunshot wounds on the face, the chest, and other parts of the body. On autopsy, the municipal health officer established the cause of death as hypovolemic shock.
Issue:
Whether or not accused-appellant committed Rebellion under Art. 134 and 135 or Murder under Article 248 of the RPC?
Held:
The court finds the accused ELIAS LOVEDIORO guilty beyond reasonable doubt as principal, acting in conspiracy with his co-accused who are still at large, of the crime of murder, defined and penalized under Article 248 of the Revised Penal Code, and hereby sentences him to suffer the penalty of Reclusion Perpetua with all the accessories provided by law; to pay the heirs of the deceased SPO3 Jesus Lucilo through the widow, Mrs. Remeline Lucilo, the amount of Fifty Thousand (P50,000.00) Pesos representing the civil indemnity for death; to pay the said widow the sum of Thirty Thousand (P30,000.00) Pesos representing reasonable moral damages; and to pay the said widow the sum of Eighteen Thousand Five Hundred Eighty-Eight (P18,588.00) Pesos, representing actual damages, without subsidiary imprisonment however, in case of insolvency on the part of the said accused.
In his appeal, appellant cites the testimony of the prosecution's principal witness, Nestor Armenta, as supporting his claim that he should have been charged with the crime of rebellion, not murder. In his Brief, he asseverates that Armenta, a police informer, identified him as a member of the New People's Army.
However, the appellant's claim regarding the political color attending the commission of the crime being a matter of defense, its viability depends on his sole and unsupported testimony. Finally, treachery was adequately proved in the court below. The attack delivered by appellant was sudden, and without warning of any kind. 41 The killing having been qualified by treachery, the crime committed is murder under Art. 248 of the Revised Penal Code. In the absence of any mitigating and aggravating circumstances, the trial court was correct in imposing the penalty of reclusion perpetua together with all the accessories provided by law. The trial court's decision dated September 14, 1993, sentencing the accused of Murder is hereby AFFIRMED.
Case Digest by: cbcabalza2010
People vs Lovedioro
G.R. No. 112235
November 29, 1995
Facts:
Off-duty policeman SPO3 Jesus Lucilo was walking along Burgos St., away from the Daraga, Albay Public Market when a man suddenly walked beside him, pulled a .45 caliber gun from his waist, aimed the gun at the policeman's right ear and fired. The man who shot Lucilo had three other companions with him, one of whom shot the fallen policeman four times as he lay on the ground. After taking the latter's gun, the man and his companions boarded a tricycle and fled.
The incident was witnessed from a distance of about nine meters by Nestor Armenta, a 25 year old welder from Pilar, Sorsogon, who claimed that he knew both the victim and the man who fired the fatal shot. Armenta identified the man who fired at the deceased as Elias Lovedioro y Castro, his nephew (appellant's father was his first cousin) and alleged that he knew the victim from the fact that the latter was a resident of Bagumbayan.
Lucilo died on the same day of massive blood loss from multiple gunshot wounds on the face, the chest, and other parts of the body. On autopsy, the municipal health officer established the cause of death as hypovolemic shock.
Issue:
Whether or not accused-appellant committed Rebellion under Art. 134 and 135 or Murder under Article 248 of the RPC?
Held:
The court finds the accused ELIAS LOVEDIORO guilty beyond reasonable doubt as principal, acting in conspiracy with his co-accused who are still at large, of the crime of murder, defined and penalized under Article 248 of the Revised Penal Code, and hereby sentences him to suffer the penalty of Reclusion Perpetua with all the accessories provided by law; to pay the heirs of the deceased SPO3 Jesus Lucilo through the widow, Mrs. Remeline Lucilo, the amount of Fifty Thousand (P50,000.00) Pesos representing the civil indemnity for death; to pay the said widow the sum of Thirty Thousand (P30,000.00) Pesos representing reasonable moral damages; and to pay the said widow the sum of Eighteen Thousand Five Hundred Eighty-Eight (P18,588.00) Pesos, representing actual damages, without subsidiary imprisonment however, in case of insolvency on the part of the said accused.
In his appeal, appellant cites the testimony of the prosecution's principal witness, Nestor Armenta, as supporting his claim that he should have been charged with the crime of rebellion, not murder. In his Brief, he asseverates that Armenta, a police informer, identified him as a member of the New People's Army.
However, the appellant's claim regarding the political color attending the commission of the crime being a matter of defense, its viability depends on his sole and unsupported testimony. Finally, treachery was adequately proved in the court below. The attack delivered by appellant was sudden, and without warning of any kind. 41 The killing having been qualified by treachery, the crime committed is murder under Art. 248 of the Revised Penal Code. In the absence of any mitigating and aggravating circumstances, the trial court was correct in imposing the penalty of reclusion perpetua together with all the accessories provided by law. The trial court's decision dated September 14, 1993, sentencing the accused of Murder is hereby AFFIRMED.
Case Digest by: cbcabalza2010
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