Case Digest (G.R. No. 117690)
Facts:
People of the Philippines v. Alberto Dano y Jugilon, G.R. No. 117690, September 01, 2000, the Supreme Court Second Division, Quisumbing, J., writing for the Court. The appeal arose from the July 25, 1994 decision of the Regional Trial Court (RTC) of San Miguel, Zamboanga del Sur, Branch 29, in Criminal Case No. 1579.The prosecution (plaintiff-appellee People of the Philippines) charged respondent-appellant Alberto Dano y Jugilon with murder for the March 16, 1994 death of his brother Emeterio Dano. The information was filed April 11, 1994; appellant was arraigned May 3, 1994 and pleaded not guilty. Trial followed before the RTC.
At trial the prosecution presented four witnesses: Wilfredo Tapian (a carpenter), Demosthenes Peralta (barangay captain), SPO3 Jesus Reales (PNP), and Teresita Dano (the victim's widow). The account established that on the evening of March 16 Emeterio, armed with a scythe, confronted Alberto at Alberto's house, repeatedly challenged him to fight to the death, and leapt at him; a melee ensued and the victim was later found sprawled and bearing multiple hacking wounds. A bloodstained scythe with the name "Alberto Dano" carved on its handle was recovered beneath appellant's house. A necropsy reported death from acute blood loss due to multiple hacking wounds. When taken to the police station appellant made an entry in the police blotter admitting he killed his brother; the prosecution relied on the blotter entry through SPO3 Reales' testimony. Appellant also admitted to the barangay captain that he had killed Emeterio and surrendered.
Appellant testified in his defense, claiming self-defense and defense of his family: he said Emeterio attacked him with the scythe, they grappled on the porch, fell down the stairs and when they hit the ground the victim was dead; appellant asserted he did not know how many wounds were inflicted and denied owning the scythe found under his house. His wife corroborated parts of his account but said she did not see how the victim died.
The RTC disbelieved appellant's version, convicted him of murder qual...(Subscriber-Only)
Issues:
- Was the extrajudicial confession in the police blotter admissible given appellant's constitutional right to counsel during custodial investigation?
- Should the trial court have credited appellant's claim of self-defense and/or defense of relatives (including incomplete self-defense)?
- Was the qualifying circumstance of treachery sufficiently proven to sustain conviction ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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