Case Digest (G.R. No. 109619-23)
Facts:
On November 29, 1990, in Dagupan City, Laudemar de la Cruz y Verdadero shot and fatally wounded Cesar Macasieb and injured other persons at or near the Crisan canteen along Reyes Street, where victims were drinking and eating; the events led to six criminal informations filed by the 2nd Assistant City Prosecutor in the Regional Trial Court of Dagupan City, Branch 44, consolidated under several docket numbers. Specifically, Criminal Case No. D-10203 charged him with illegal possession of a .45 caliber pistol with serial number 2126560 marked Remington and four live ammunition, while Criminal Case No. D-10204 charged him with murder for shooting Macasieb with the use of a gun and alleged qualifying circumstances. Criminal Case Nos. D-10205, D-10206, and D-10207 charged him with attempted murder against Absalon B. Villabroza, Nivelly Aliven, and Bernardo Domingo, and Criminal Case No. D-10769 charged him with frustrated murder against Ricardo Fernandez for shooting him with alleged...Case Digest (G.R. No. 109619-23)
Facts:
On November 29, 1990, in Dagupan City, Accused-Appellant Laudemar de la Cruz y Verdadero shot Cesar Macasieb, who later died, and wounded Absalon B. Villabroza, Nivelly Aliven, Bernardo Domingo, and Ricardo Fernandez. The Regional Trial Court of Dagupan City, Branch 44 consolidated several criminal cases and convicted him of murder, frustrated murder, and three counts of attempted murder, while acquitting him of illegal possession of firearms.On appeal, the defense invoked a claimed shoot-out/self-defense, contested the qualifying circumstance of treachery and the aggravating circumstance of nighttime, and asserted insufficiency of the prosecution evidence, while the trial court’s disposition for the frustrated murder charge for Fernandez became a focal point for correction.
Issues:
- Whether self-defense was established.
- Whether treachery and the aggravating circumstance of nighttime were properly appreciated.
- Whether the assault on Ricardo Fernandez amounted to frustrated murder or only attempted murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)