Case Digest (G.R. No. L-58847)
Facts:
On July 25, 1990, at approximately seven o'clock in the morning, a violent dispute concerning the ownership of a 41-hectare fishpond in Dongon West, Numancia, Aklan, culminated in the tragic murder of Roberto Acevedo. During this incident, Randy Ricaforte, an employee of Acevedo, recounted that he was approached by accused David Kingking, who was armed with an M-16 rifle, and taken to Agueda T. Alba, one of the main accused. Alba queried Ricaforte about his affiliation with Acevedo. After confirming his non-association, Ricaforte witnessed a barrage of gunfire directed towards the hut where Acevedo was sheltered. Acevedo attempted to flee towards a nearby tower, but he was pursued and shot at by the assailants, including Adriano Gortayo, who even resorted to using a rifle grenade against Acevedo. Subsequently, Acevedo was found deceased under the tower, and his death was later affirmed by a necropsy indicating multiple fatal injuries. In the aftermath, Julito Magcope, Aceve
Case Digest (G.R. No. L-58847)
Facts:
A bitter dispute over the ownership of a 41-hectare fishpond in Dongon West, Numancia, Aklan escalated into violence on July 25, 1990. During the early morning, a group of accused – including Agueda T. Alba, Saturnino Rembulat, Jr., Francisco Alovera, Ronnie Gonzaga, and Adriano Gortayo – conspired to kill Roberto Acevedo over the perennial fishpond conflict. Accused Kingking and others assisted by gathering individuals, some carrying high-powered firearms, and by deliberately trapping Acevedo. As the victim fled his hut toward the fishpond tower after continuous gunfire, Gortayo not only used his armalite but also switched to a rifle grenade, declaring that if he did not kill Acevedo then, he would do so the next day. Simultaneously, Julito Magcope, Acevedo’s caretaker, became the target of shootings by Alovera and Gonzaga but managed to escape injury by diving into an irrigation canal. The sequence of events, supported by the testimonies of two reliable prosecution witnesses – Ricaforte and Magcope – established the presence of a premeditated conspiracy aimed at murdering Acevedo, with the attempt on Magcope underscoring the comprehensive nature of the criminal plan. Following an investigation, some of the accused voluntarily submitted to the court while others remained at large, and charges were filed for murder and attempted murder.Issues:
- Whether the evidence presented, particularly the testimonies of the prosecution witnesses, established beyond reasonable doubt that the accused, by means of conspiracy and overt acts, were criminally liable for the crimes of murder and attempted murder.
- Whether the participation of accused who did not personally fire the gun (e.g., Alba and Rembulat) could still be imputed with the crime of murder under the concept of conspiracy.
- Whether the circumstantial evidence such as the motive arising from the long-running fishpond dispute and the accused’s flight from authorities contributed to establishing their guilt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)