Case Digest (G.R. No. 141749)
Facts:
- Petitioner: Florencio Del Rosario
- Respondent: People of the Philippines
- Incident Date: August 7, 1993
- Location: Cabugao, Ilocos Sur
- Charge: Murder for the killing of Remy Sinco
- Information filed: November 8, 1993, alleging conspiracy to kill with treachery and evident premeditation
- Prosecution witnesses included Lorna Sinco (victim's spouse) and police investigators
- Testimony: Sinco was shot at point-blank range while being restrained by others
- Defense: Claimed self-defense, asserting Sinco shot first
- Trial Court Verdict: Del Rosario found guilty of homicide, acquitted co-accused due to lack of evidence of conspiracy
- Sentence: Indeterminate penalty of six years and one day of prision mayor to twelve years and one day of reclusion temporal, plus P50,000 death indemnity to victim's heirs
- Court of Appeals affirmed the decision on September 29, 1999
- Del Rosario filed a petition for review on certiorari
Issue:
- (Unlock)
Ruling:
- The Court affirmed the Court of Appeals' decision, stating the petitioner failed to prove self-defense.
- The Court upheld the trial court's findings, concluding there ...(Unlock)
Ratio:
- The Supreme Court found no merit in the petition, noting that the burden of proof shifted to Del Rosario after he admitted to killing Sinco.
- Del Rosario needed to establish self-defense elements: unlawful aggression, reasonable necessity of means, and lack of sufficient provocation.
- The Court deemed Del Rosario's account implausible, especially given the history of animosity with the victim.
- Lack of corroborating evidence for his claim of being shot first weakened his defense.
- The nature and number of gunshot wounds (eight total) indicated inten...continue reading
Case Digest (G.R. No. 141749)
Facts:
The case involves Florencio Del Rosario as the petitioner and the People of the Philippines as the respondent. The events transpired on August 7, 1993, in Cabugao, Ilocos Sur, where Del Rosario, along with several co-accused, was charged with murder for the killing of Remy Sinco. The information was filed by the provincial prosecutor on November 8, 1993, alleging that the accused conspired to kill Sinco with treachery and evident premeditation. During the trial, the prosecution presented witnesses including Lorna Sinco, the victim's spouse, and police investigators, who testified that Sinco was attacked and shot at point-blank range by the accused while he was held by others. The defense, led by Del Rosario, claimed self-defense, asserting that Sinco had shot him first. The trial court found Del Rosario guilty of homicide, not murder, and acquitted the co-accused due to lack of evidence of conspiracy. The Regional Trial Court sentenced Del Rosario to an indeterminate penalty of six years and one day of prision mayor to twelve years and one day of reclusion temporal, along with a death indemnity of P50,000 to the victim's heirs. The Court of Appeals affirmed this decision on September 29, 1999, leading to Del Rosario's petition for...