Case Digest (G.R. No. 62641)
Facts:
The appellant, Alfredo Del Rosario (alias Fred HawaII), was convicted of murder for the killing of Filemon Amad in Cebu City, and was sentenced to reclusion perpetua, to indemnify the heirs in the amount of P 2,000, and to pay costs. The evidence showed that, on the night of April 6, 1938, the appellant and his companions, Sisoy and Natalio, agreed to attack Filemon for P 10 after Candido Amad proposed the assault; they later confronted Filemon and the fatal wound was inflicted when Sisoy stabbed him with a file.The appellant admitted that the plan was not merely to punch but to thrash and manhandle Filemon, and he argued on appeal that he should not be held responsible for the death because he did not personally cause it. The trial court held him liable for murder qualified by the price circumstance.
Issues:
- Whether the appellant could be held criminally responsible for Filemon Amad’s death arising from the concerted attack executed by the appellant and his companions.
- Whe
Case Digest (G.R. No. 62641)
Facts:
- Conviction by the trial court
- Alfredo Del Rosario (alias Fred Hawaii) was sentenced for the crime of murder committed in the City of Cebu.
- The trial court imposed the penalty of reclusion perpetua.
- The trial court ordered Alfredo Del Rosario to indemnify the heirs of the deceased in the amount of PHP 2,000.
- The trial court ordered him to pay the costs.
- Origin of the plan to attack Filemon Amad
- In his own testimony at trial, Alfredo Del Rosario stated that one Candido Amad proposed to him and to his two companions, Sisoy and Natalio, that they attack Filemon Amad.
- Candido Amad offered them PHP 10 as the price for the act.
- Alfredo Del Rosario and his companions accepted the proposition.
- Execution of the attack on the night of April 6, 1938
- On the night of April 6, 1938, Alfredo Del Rosario, Sisoy, and Natalio took a vehicle driven by Sisoy.
- The three rode through different streets of the town.
- They reached the intersection of Dimas Alang and Panganiban.
- They left the vehicle and walked to the corner of Dimas Alang and Climaco where they waited for Filemon.
- Shortly thereafter, a vehicle arrived with Filemon and two women.
- The two women alighted and left the place.
- The driver also left to answer the call of Nature.
- Alfredo Del Rosario and his companions advanced toward Filemon.
- Alfredo Del Rosario stated that they “forming a triangle,” with Sisoy taking the lead.
- Sisoy immediately approached and grabbed Filemon by the shirt-bosom.
- In the impasse, Filemon gave Sisoy a blow.
- Sisoy was able to duck the blow.
- The fatal stabbing and the circumstances leading thereto
- Alfredo Del Rosario and Natalio also approached Filemon.
- Natalio dealt another blow to Filemon.
- Filemon fell on his knees in front of Sisoy.
- While Filemon tried to rise with his left hand in the pocket of his pants, Sisoy, thinking that Filemon was getting a weapon to defend himself, stabbed him with a file.
- The file wound inflicted by Sisoy was the wound from which Filemon died.
- Characterization of the acts as murder qualified by consideration of a price
- The facts were treated as constituting murder qualified by the circumstance that it was committed in consideration of a price.
- The qualification was expressly tied to Article 248 of the Revised Penal Code.
- Appellant’s defense and related admissions
- Alfredo Del Rosario argued on appeal that he was not responsible for the result of the concerted action between him and his two companions.
- He alleged that he was not the one who caused the death of the deceased.
- He alleged that the agreement was not to kill Filemon but only to punch him....(Subscriber-Only)
Issues:
- Criminal responsibility for the death during a concerted attack
- Whether Alfredo Del Rosario was responsible for the result of the concerted action of Alfredo Del Rosario, Sisoy, and Natalio in relation to Filemon’s death.
- Whether the contention that Alfredo Del Rosario did not personally inflict the fatal wound negated responsibility.
- Whether the agreement was only to punch Filemon or whether it included thrashing and manhandling him.
- Qualification of the crime
- Whether the murder was qualified by the circumstance that it was committed in consideration of a price.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)