Case Digest (G.R. No. 84612)
Facts:
People of the Philippines v. Diosdado Avila, Agapito Agrabio and Aurelio Silvoza, G.R. No. 84612, March 11, 1992, Supreme Court Second Division, Padilla, J., writing for the Court.On 23 October 1985 Governor Gregorio P. Murillo of Surigao del Sur was shot dead along the national highway in Tandag. An information for murder was filed against Diosdado Avila, Agapito Agrabio and Aurelio Silvoza; upon arraignment they pleaded not guilty. The trial centered on whether the killing was an ordinary crime of murder or an act committed in furtherance of rebellion. The trial court (Regional Trial Court, Tandag, Branch 27) heard evidence and on 12 July 1988 rendered a decision finding Avila and Agrabio guilty of murder and absolving Silvoza; it imposed life imprisonment and various civil damages.
The two convicted accused timely appealed. After the appeal was perfected and the trial court had forwarded the records to the Supreme Court, the trial court issued an "amended decision" dated 1 August 1988 (but promulgated after the appeal) that reversed itself and found Avila and Agrabio guilty of rebellion instead of murder. The trial court's amended decision was also transmitted to the Supreme Court; the People objected to this late amendment on the ground that the trial court had lost jurisdiction once appeal was perfected.
The records showed that Avila and Agrabio belonged to the liquidating squad (sparrow unit) of the New People's Army (NPA) operating in Tandag; Avila was team leader and Agrabio assistant team leader, while Silvoza, who was acquitted, was absent at the time of the killing because he was ill. The accused contended at trial that the killing was a politically motivated liquidation ordered by an NPA commander. The trial court initially rejected this claim; on appeal the...(Subscriber-Only)
Issues:
- Did the trial court have jurisdiction to amend its 12 July 1988 conviction by issuing the 1 August 1988 "amended decision" after the appeal had been perfected?
- Were appellants Avila and Agrabio guilty of murder or of rebellion?
- If guilty of rebellion, what penalty applies — P.D. 1834 as in force at the time of the crime, or the more favorable penalty provided by R.A. 6968 applied retroactively?
- Which civil damages, if any, a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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