Case Digest (G.R. No. 157783)
Facts:
People of the Philippines v. Diego Colman, et al., G.R. Nos. L-6652-54, February 28, 1958, the Supreme Court En Banc, Per Curiam.The prosecution charged Diego Colman, his sons Rogelio and Reynaldo Colman, Irineo Lisondato, Francisco Pogon and Alfredo Pilota with multiple crimes arising from a nighttime shooting in Pototan, Iloilo on January 7, 1952, that resulted in the deaths of three children (Elizabeth and Thelma Ganzon and Antonio Mainar) and wounded others. Buenaventura Ganzon had employed Diego as a watchman; Diego had resigned weeks earlier and a new watchman was hired on January 7. On the evening of that day several persons (including Diego and members of his household and associates) were seen assembling and taking positions near Ganzon’s house; shots were fired at the dwelling and nearby houses; victims were struck and later died. Witnesses identified Diego and Rogelio at the scene and testified about pre-attack conversations and the appellants’ allocation of positions and weapons.
Four separate informations were filed in the Court of First Instance of Iloilo: No. 3165 (murder of Antonio Mainar), No. 3166 (murder of Thelma Ganzon), No. 3167 (murder of Elizabeth Ganzon), and No. 3168 (frustrated murder of Carolina Ganzon). The cases were tried jointly. The Provincial Fiscal was permitted to discharge Francisco Pogon to use him as a government witness. Alfredo Pilota later changed his plea to guilty and was sentenced separately. After trial the CFI convicted Diego, Rogelio and Reynaldo in varying degrees: in No. 3165 Diego was sentenced to death and Rogelio and Reynaldo to reclusion perpetua; in Nos. 3166–3167 Diego and Rogelio received death sentences while Reynaldo received reclusion perpetua; in No. 3168 Diego and his sons were sentenced for frustrated murder. Irineo Lisondato was acquitted for lack of evidence.
The records do not show appeals by the convicted defendants; pursuant to Rule 118, Section 9 of the Rules of Cour...(Subscriber-Only)
Issues:
- Are the convictions and imposition of the death penalty on Diego Colman and Rogelio Colman in G.R. Nos. L-6652–54 supported by law and evidence (including identity, conspiracy, and aggravating/qualifying circumstances)?
- Were the accused denied due process because they were arraigned before the Justice of the Peace without counsel and allegedly not arraigned in the Court of First Instance?
- Does the filing of separate informations for the ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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