Case Digest (G.R. No. 94167)
Facts:
THE PEOPLE OF THE PHILIPPINE ISLANDS prosecuted CLEMENTE BABIERA, JUSTO BABIERA and DOMINGA BORES for the August 21, 1927 killing of Severino Haro near Oton, Iloilo; the Court of First Instance of Iloilo convicted them of murder (Clemente as principal; Justo and Dominga as accomplices) and imposed life imprisonment on Clemente and cadena temporal terms on the others, plus joint civil indemnity of P1,000. The appellants challenged sufficiency of the evidence, the admissibility of Exhibit I (an in-hospital statement by the victim), and the exclusion of proof of the deceased’s quarrelsome disposition.Issues:
- Did the prosecution prove the appellants’ guilt beyond a reasonable doubt?
- Was Exhibit I admissible as an ante-mortem declaration or dying declaration?
- Could the accused prove the deceased’s quarrelsome disposition to support self-defense?
Ruling:
The Court affirmed conviction but modified the convictions and penalties: it held CLEMENTE BABIERA guilty of murder under a Case Digest (G.R. No. 94167)
Facts:
- Parties, procedural posture, and judgment appealed
- The People of the Philippine Islands as plaintiff and appellee.
- Clemente Babiera, Justo Babiera, and Dominga Bores as defendants and appellants.
- Trial court found appellants guilty of murder; sentenced Clemente Babiera to life imprisonment with the accessories of article 54, Penal Code, and each of Justo Babiera and Dominga Bores to fourteen years, eight months and one day cadena temporal with the accessories of articles 54 and 59, Penal Code respectively.
- Trial court ordered all three to indemnify the family of the deceased Severino Haro in the sum of P1,000 jointly and severally and each to pay one-third of the costs in the justice of the peace court and the Court of First Instance.
- Appeal was taken by the three convicted persons.
- Title dispute and antecedent hostility
- Justo Babiera sold two parcels in Oton to Basilio Copreros on October 19, 1922, with right of repurchase; if not repurchased by August 1, 1923, sale became absolute (Exhibit F).
- Repurchase period expired; Copreros consolidated title (application March 24, 1927) and on March 26, 1927 leased the parcels to Severino Haro (Exhibits G and G-1).
- Justo Babiera filed actions to recover possession: an accion publiciana dismissed April 19, 1927 (Exhibit M), then an action for recovery of property.
- Severino Haro paid expenses in the suits because he was lessee and in possession.
- Incidents of hostility and threats by the Babieras toward Haro and Haro’s copartner Fermin Bruces occurred in May and thereafter: questions about who ordered plowing; threats such as “if this Severino tells you to kill yourself, will you do it?” and threats to “pull out someone’s intestines,” and statements that they would win the suit “by foul” if not by fair.
- Events of August 21–22, 1927 and immediate facts of killing
- On August 21, 1927, Severino Haro visited the leased land at barrio Bita accompanied by Gregorio Torrija, Benito Carreon, and Pedro Tauro; Fermin Bruces reported Clemente Babiera’s cow had grazed on the land.
- Clemente Babiera, his father Justo Babiera, and Dominga Bores were at or near Rosendo Paycol’s house on the beaten path to the land.
- At about 7:00 p.m., while Haro and companions were returning by torchlight, Clemente sprang from cogon grass, pursued Haro and struck him in the back with a bolo; Haro then received another blow on the forehead and was wounded in the hand defending himself.
- Haro fell; Justo Babiera allegedly placed himself upon Haro’s stomach and held his hands; Dominga Bores allegedly sat on Haro’s knees; Clemente brandished a bolo to keep off others; voices were heard including Haro’s cry “Help! help!” and Dominga saying, “Here is the revolver; let us return.”
- Two or three revolver shots were heard before the assailants left; Haro told companions he did not feel he would die and asked to be taken to town; he was placed in a truck with policemen and taken to Saint Paul’s Hospital in Iloilo without his revolver; the cartridge belt without the holster was found near the scene.
- Hospital examination by Dr. Mariano Arroyo recorded multiple wounds including three on right frontal region, one on right forehead reaching auditory arch, wounds on right palmar arch, left arm, deep dorsal wound reaching spinal column, middle of left calf, and four slight wounds on right thigh; wounds on forehead and dorsal region being mortal of necessity; wounds caused by a sharp-edged and pointed weapon.
- On the morning of August 22, 1927 in Saint Paul’s Hospital Haro made a sworn statement before deputy fiscal Edmundo S. Piccio (Exhibit I) describing the assault and naming Clemente Babiera, Justo Babiera, and Dominga Bores among those present.
- Haro ratified the statement before the same deputy fiscal on August 27, 1927 when near death and having abandoned hope of recovery.
- Prosecution theory and corroborating circumstances
- Prosecution relied on Exhibit I and witness testimony recounting the surprise attack, the roles of the three accused at the scene, the loss of Haro’s revolver, the finding of the cartridge belt, and Haro’s subsequent death one week later.
- Evidence of prior threats and animus arising from the land litigation and Haro’s payment of litigation expenses for Copreros was adduced to establish motive.
- Rebuttal...(Subscriber-Only)
Issues:
- Evidence sufficiency and character of the killing
- Whether the prosecution proved appellants’ guilt beyond a reasonable doubt and whether the killing constituted murder with treachery or a lesser offense excusable by self-defense.
- Admissibility of Exhibit I and dying-declaration doctrine
- Whether Exhibit I, Haro’s statement made on the morning after the crime, is an admissible ante-mortem or dying declaration.
- Proof of deceased’s quarrelsome disposition and relevance to self-defense
- Whether the defense could prove Haro’s quarrelsome, provoking, and irascible disposition by isolated acts to establish provocation or justify *self-defense*.
- Liability of accomplices and aggravating circumstances
- Whether Justo Babiera and Dominga Bores are criminally lia...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)