Case Digest (G.R. No. 142773)
Facts:
The case is People of the Philippines v. Marlon Delim, Leon Delim, Manuel Delim alias Bong (at large), Robert Delim (at large), and Ronald Delim alias Bong, G.R. No. 142773, January 28, 2003, Supreme Court En Banc, Callejo, Sr., J., writing for the Court. The People (plaintiff-appellee) prosecuted five Delim relatives for the death of Modesto Delim; only Marlon, Ronald and Leon Delim were apprehended and arraigned; Manuel and Robert remained at large.On May 4, 1999 an Information charged the five with murder under Article 248, R.P.C., alleging that on January 23, 1999 three armed men barged into Modesto’s house, hogtied and gagged him, abducted him while two others guarded the house, and thereafter stabbed and killed Modesto with treachery and other aggravating circumstances. At trial the prosecution presented four witnesses: Modesto’s wife Rita Bantas, son Randy Bantas, Dr. Maria Fe De Guzman (autopsy), and a police investigator. Randy and Rita identified Marlon, Ronald and Robert as the intruders and testified that Manuel and Leon guarded the house until about 7:00 a.m. several days later Modesto’s decomposed body was found about 200 meters away, bearing five gunshot wounds (cause of death: gunshot to the head) and multiple stab and defensive wounds. The police confirmed the Delims had no firearm licenses; Marlon had prior pending robbery cases. The accused interposed denials and alibis; Leon produced testimony that he lived and worked in Laoag, Ronald claimed to be two kilometers away at Asan Norte, and Marlon claimed he was in Dumaguete at the time.
The Regional Trial Court (Branch 46, Urdaneta City) convicted Marlon, Ronald and Leon of aggravated murder on January 14, 2000, imposing death and ordering P75,000 moral and P25,000 exemplary damages (trial court credited treachery and other aggravating circumstances). The records were transmitted to the Supreme Court on automatic review of capital cases.
On automatic review the Supreme Court first addressed whether the Information charged murder or kidnapping, then considered whether the prosecution proved the crime and th...(Subscriber-Only)
Issues:
- Does the Information charge the crime of murder or kidnapping/serious illegal detention?
- Did the prosecution prove beyond reasonable doubt that Marlon, Ronald and Leon are guilty of murder (or any lesser offense)?
- Was conspiracy established such that each accused is liable for the killing?
- Should the accused-appellants' defense of alibi be credited?
- Were qualifying and aggravating circumstances (treachery, abuse of superior strength, nighttime, use of unlicensed firearms, dwelling) sufficiently alleged and proved to sustain the trial court’s imposition of aggravated murder and death penalty?
- What convict...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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