Case Digest (G.R. No. L-38346-47)
Facts:
People of the Philippines v. Teofilo Dioso and Jacinto Abarca, G.R. Nos. L-38346-47. October 23, 1984, the Supreme Court En Banc, Escolin, J., writing for the Court.The prosecution charged Teofilo Dioso and Jacinto Abarca, both serving sentences at the New Bilibid Prison in Muntinglupa, Rizal, with the murders of fellow inmates Angelito Reyno and Fernando Gomez. At the time, Abarca had a prior final conviction for homicide and Dioso for robbery. Both appellants were members of the "Batang Mindanao" gang; the victims belonged to the rival "Happy Go Lucky" group. The killings were motivated by revenge for the prior stabbing death of a gang member named Balerio.
On the morning of September 12, 1972, Abarca feigned illness to gain admission to the prison hospital; Dioso accompanied him. Inside Ward 6, Reyno was eating and Gomez lay on a tarima under a mosquito net. Both accused produced improvised knives and stabbed the victims—Dioso attacked Reyno and Abarca stabbed Gomez (with Dioso later assisting). After the assault they encountered Prison Guard Enriquito Aguilar in the corridor and surrendered, handing over the weapons.
An NBI medico-legal officer performed autopsies and found that both victims died of massive bleeding from multiple stab wounds. Both accused were interrogated and executed sworn statements admitting their participation; they thereafter pleaded guilty at arraignment. The Circuit Criminal Court of Rizal found them guilty of murder and imposed the death penalty, the court also finding that the crime was committed with alevosia because the victims were unable to defend themselves.
Because the sentences imposed were death, the case came to the Supreme Court by mandatory (automatic) review of death sentences. On review the defendants sought reduction of penalty invoking mitigating circumstances (voluntary surrender and plea of guilty). The Supreme Court affirmed the finding of guilt and alevosia but, noting that both appellants were quasi-recidivists for having committed the new felony while serving sentence for prior offenses, observed that the maximum penalty under Articl...(Pro-only)
Issues:
- Whether the evidence, including the accuseds' sworn statements and the autopsy, established guilt for murder committed with alevosia.
- Whether the mitigating circumstances invoked (voluntary surrender and plea of guilty) warranted reduction of the death sentence.
- Whether the appellants' status as quasi-recidivists mandated imposition of the maximum penalty under Article 160, Revised Penal Code, and whether the Cou...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)