Case Digest (G.R. No. L-27401)
Facts:
People of the Philippines v. Diego Balondo, G.R. No. L-27401, October 31, 1969, the Supreme Court En Banc, Zaldivar, J., writing for the Court.The Provincial Fiscal of Leyte filed an information on October 21, 1966 charging Diego Balondo with murder under Article 248 of the Revised Penal Code for the killing of Gloria Bulasa on or about September 29, 1966 in Kawayan, Subprovince of Biliran, Leyte. The information alleged that the killing was attended by treachery, evident premeditation and several aggravating circumstances, and described extremely brutal injuries inflicted on the victim.
After discovery of the body, Balondo was apprehended and, during an investigation by the Chief of Police of Kawayan, made written admissions in the local dialect confessing that he had killed Gloria Bulasa, narrated the manner of the killing in detail, reenacted the crime at the scene, and later subscribed sworn statements before the municipal judge. The Chief of Police filed the corresponding complaint with the municipal court, where, during preliminary investigation, Balondo pleaded guilty and gave a narrated account of the circumstances.
On October 24, 1966 Balondo was arraigned before the Court of First Instance of Leyte. The trial court appointed Atty. Delia Tantuico as counsel de oficio; after consultation, Balondo again voluntarily pleaded guilty in Waray-Waray when the information was read to him. The Court of First Instance found him guilty of murder and sentenced him to death. The record contains corroborative sworn statements from relatives of the victim and a post-mortem report by the municipal health officer documenting the brutal injuries.
Counsel de oficio (Atty. Justo R. Albert) later argued to the Court that the trial court should have ord...(Subscriber-Only)
Issues:
- Did the trial court commit reversible error by failing to order psychiatric examination to determine the defendant's sanity?
- Do the facts establish the crime of murder and which aggravating and mitigating circumstances attend the killing?
- Was the death penal...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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