Case Digest (G.R. No. L-37853)
Facts:
- The case involves The People of the Philippines vs. Vicente Cercano, Ulen Cercano, Jose Cercano, and Bernardino Lumabao alias "Eby."
- The accused were charged with "Murder with frustrated murder" in an Information dated October 31, 1972, filed in the Court of First Instance of Cagayan.
- The incident occurred on July 10, 1972, in Pamplona, Cagayan, where the accused attacked Regino Bautista and Renato Mallabo while armed with various weapons.
- Bautista was killed, and Mallabo sustained injuries.
- Judge Arnold A. Savella, Sr. found the accused guilty on September 19, 1973.
- Vicente Cercano was sentenced to reclusion perpetua with one mitigating circumstance.
- Ulen Cercano, Jose Cercano, and Bernardino Lumabao received the death penalty due to the absence of mitigating circumstances and the presence of an aggravating circumstance.
- The court ordered the accused to pay moral damages to Bautista's heirs and medical expenses to Mallabo.
- The case was elevated for review due to the death penalty imposed on the latter three accused.
- Jose Cercano died in prison, leaving Ulen Cercano and Bernardino Lumabao as the remaining appellants.
- The Solicitor General recommended reducing charges to slight physical injuries, while the defense sought acquittal.
- The court found sufficient evidence of conspiracy and collective responsibility among the accused.
Issue:
- (Unlock)
Ruling:
- The court affirmed the trial court's finding of guilt for murder and frustrated murder.
- Sufficient evidence was found to establish conspiracy among the accused.
- The court ruled that treachery was not present in the commission of the crime. ...(Unlock)
Ratio:
- The Supreme Court upheld the trial court's decision, emphasizing the evidence presented, particularly the testimonies of Renato Mallabo, which established the collective action of the accused.
- The nature and number of wounds inflicted on Bautista indicated multiple assailants, supporting the finding of conspiracy.
- The court clarified that a prior agreeme...continue reading
Case Digest (G.R. No. L-37853)
Facts:
In the case of The People of the Philippines vs. Vicente Cercano, Ulen Cercano, Jose Cercano, and Bernardino Lumabao alias "Eby", the accused were charged with "Murder with frustrated murder" in an Information dated October 31, 1972, filed in the Court of First Instance of Cagayan. The incident occurred on July 10, 1972, in Pamplona, Cagayan, where the accused, armed with various weapons, allegedly attacked Regino Bautista and Renato Mallabo. The attack resulted in Bautista's death and injuries to Mallabo. The accused were found guilty by Judge Arnold A. Savella, Sr. on September 19, 1973. Vicente Cercano received a sentence of reclusion perpetua with one mitigating circumstance, while Ulen Cercano, Jose Cercano, and Bernardino Lumabao were sentenced to death due to the absence of mitigating circumstances and the presence of an aggravating circumstance. The court also ordered the accused to pay moral damages to the heirs of Bautista and medical expenses to Mallabo. The case was automatically elevated for review due to the death penalty imposed on the latter three accused. During the review, Jose Cercano died in prison, leaving Ulen Cercano and Bernardino Lumabao as the remaining appellants. The Solicitor General recommended a reduction of charges to slight physical injuries, while the defense sought acquittal. However, the court found...