Case Digest (G.R. No. L-49808)
Facts:
The People of the Philippines, Plaintiff-Appellee, vs. Arnulfo Aquino, Alfredo Posadas, Jr., alias "Fred", Julio Gumban and Jeffrey Montano, Defendants Appellants, G.R. No. L-49808, February 26, 1988, Supreme Court Second Division, Yap, J., writing for the Court.The information charged the original seven accused (including the four appellants who were tried) with the crime of "Murder with Rape" for the death of Inocencia M. Tiaga allegedly occurring in December 1972 in Ilog, Negros Occidental. The specific injuries and the allegation of forcible sexual intercourse were detailed in the information. After trial, the Circuit Criminal Court, Bacolod City (trial court), by judgment dated December 15, 1978, found Arnulfo Aquino, Alfredo Posadas, Jr., Julio Gumban and Jeffrey Montano guilty beyond reasonable doubt of murder as principals by direct participation, acquitted them of rape, and imposed the death penalty on the four convicted for attendant aggravating circumstances.
Because the penalty imposed was death, the judgment was subject to automatic review by the Supreme Court. The record shows briefs filed by appellants: Aquino, Posadas and Gumban (Nov. 5, 1980) and Montano (July 13, 1982); the Solicitor General filed appellee’s consolidated brief (June 16, 1983). On motion, appellant Julio Gumban withdrew his appeal (motion dated Aug. 4, 1987; withdrawal granted Aug. 18, 1987) and his record was remanded for execution. The Court, noting abolition of the death penalty under the 1987 Constitution, required the remaining appellants to manifest whether they wished to continue their appeals; Jeffrey Montano and Alfredo Posadas, Jr. elected to continue, while Arnulfo Aquino failed to comply and his appeal was dismissed and remanded for execution, leaving review only as to Montano and Posadas.
At trial the prosecution presented six witnesses (including a police sergeant, family members and a physician) and described a midnight assault on the victim’s dwelling, forcible removal of the victim, stabbing and hacking, and discovery of the body in a camote patch on December 20, 1972. The accused offered an alibi: that they were at a ranch two kilometers away playing cards until about 2:00 a.m. The trial court credited the prosecution’s eyewitness identifications and motive (to evict settlers), rejected the defense alibi as self-serving, found conspiracy and several aggravating circumstances (treachery, evident premeditation, insult to sex, nighttime, and in cuadrilla) and thereby convicted of murder and imposed death.
On appeal to the Supreme Court the appellants principally challenged the trial court’s finding of evident premeditation (arguing lack of direct proof and reliance on a repudiated af...(Pro-only)
Issues:
- Was the qualifying circumstance of evident premeditation sufficiently established by direct and positive evidence to elevate the offense to murder?
- Was the qualifying circumstance of treachery (alevosia) proven so as to sustain the conviction for murder?
- Was conspiracy among the accused shown by the evidence?
- Were the alleged aggravating circumstances proved and did they justify the penalty imposed; and what is the effect...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)