Case Digest (G.R. No. 90870)
Facts:
- Alexander Lozano y Dalisay, a construction worker for Jesus Is Lord (JIL) Construction, was a regular customer at a sari-sari store and refreshment parlor owned by Francisco Ocampo, Jr. and his wife, Juliana del Rosario.
- Lozano frequently bought food on credit, with his debts recorded in a notebook by the couple.
- On the night of May 9, 1986, at around 10 PM, someone knocked on the door of the Ocampo residence.
- When Juliana opened the door, Lozano entered the house with two companions.
- One of his companions held Juliana's hand while Lozano attempted to stab Francisco with an icepick.
- A struggle ensued, and during the altercation, an unidentified companion of Lozano shot Francisco.
- Juliana was later found outside the house with multiple stab wounds and died from her injuries.
- Francisco, though seriously injured, survived and identified "Alex" as his assailant in statements to the police.
- Lozano and his two companions were arrested and charged with murder and frustrated murder, which was later amended to robbery with homicide and frustrated homicide.
- The trial court found Lozano guilty of homicide and frustrated homicide, which the Court of Appeals affirmed, modifying the conviction to homicide and serious physical injuries.
- Lozano's motion for reconsideration was denied, leading to this petition for review.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the conviction of Alexander Lozano for homicide and serious physical injuries.
- The Supreme Court upheld the awarding of compensatory and moral damages to the heirs of Juliana del Rosario and actual and moral ...(Unlock)
Ratio:
- The Supreme Court found no merit in Lozano's petition.
- The Court of Appeals correctly determined that a conspiracy existed between Lozano and his unidentified companions.
- The court noted that conspiracy does not require direct evidence but can be inferred from the actions of the accused.
- Lozano's entry into the house, the holding of Juliana by his companion, and the subsequent stabbing attempt on Francisco indicated...continue reading
Case Digest (G.R. No. 90870)
Facts:
Alexander Lozano y Dalisay, a construction worker for Jesus Is Lord (JIL) Construction, was a regular customer at a sari-sari store and refreshment parlor owned by Francisco Ocampo, Jr. and his wife, Juliana del Rosario. Lozano frequently bought food on credit, with his debts recorded in a notebook by the couple. On the night of May 9, 1986, at around 10 PM, someone knocked on the door of the Ocampo residence. When Juliana opened the door, Lozano entered the house with two companions. One of his companions held Juliana's hand while Lozano attempted to stab Francisco with an icepick. A struggle ensued, and during the altercation, an unidentified companion of Lozano shot Francisco. Juliana was later found outside the house with multiple stab wounds and died from her injuries. Francisco, though seriously injured, survived and identified "Alex" as his assailant in statements to the police. Lozano and his two companions were arrested and charged with murder and frustrated murder, which was later amended to robbery with homicide and frustrated homicide. The trial court found Lozano guilty of homicide and frustrated homicide, which the Court of Appeals affirmed, modifying the conviction to homicide and seriou...