Case Digest (G.R. No. L-31568)
Facts:
The case involves the People of the Philippines as the plaintiff-appellee and defendants-appellants Romualdo Dorico, Fernando Dorico, and Dionisio Ballonico. The factual backdrop dates back to October 12, 1964, in barrio Makiwalo, Mondragon, Northern Samar, where Gervacio Dapulag was fatally stabbed. The prosecution's narrative, chiefly supported by eyewitness Rosa Dapulag, who is the daughter of the deceased, indicates that at approximately 5:00 PM, while Gervacio was en route to a farm, he was confronted by Romualdo Dorico and Dionisio Ballonico exiting a store. Romualdo allegedly stabbed Gervacio in the upper left arm, and when Gervacio turned to identify his attacker, he was further stabbed in the back by Dionisio. Fernando Dorico, another brother, later allegedly punched Gervacio, causing him to fall, after which Romualdo inflicted more wounds. The assault stemmed from a prior conflict regarding Gervacio’s insistence on filing charges against Romualdo for another murde
Case Digest (G.R. No. L-31568)
Facts:
Background of the Case:
- The case involves the killing of Gervacio Dapulag on October 12, 1964, in Barrio Makiwalo, Mondragon, Northern Samar.
- The accused are Romualdo Dorico, Fernando Dorico (brothers), and Dionisio Ballonico (their first cousin). All were residents of the same barrio as the victim.
Prosecution’s Version:
- Rosa Dapulag, the victim’s daughter and an eyewitness, testified that on October 12, 1964, at around 5:00 PM, her father was walking towards a store when Romualdo Dorico and Dionisio Ballonico accosted him.
- Romualdo stabbed Gervacio in the upper left arm, and Dionisio stabbed him in the back. When Gervacio tried to flee, Fernando Dorico punched him, causing him to fall. Romualdo then hacked Gervacio on the knee.
- The motive for the killing was Gervacio’s insistence on filing a criminal complaint against Romualdo for the killing of Patrocinio Megenio, a relative of the Dapulag family.
Other Witnesses:
- Alberto Uy, another eyewitness, corroborated Rosa’s testimony, stating that he saw Romualdo and Dionisio stab Gervacio. He also testified that Honorio Dorico (father of Romualdo and Fernando) incited the attack by telling his sons to kill Gervacio.
- The autopsy report revealed multiple stab wounds, two of which were fatal, caused by sharp-edged weapons.
Defense’s Version:
- Romualdo Dorico claimed self-defense, stating that Gervacio attacked him first with a bolo, and he only acted to defend himself.
- Fernando Dorico raised an alibi, claiming he was at the beach buying fish at the time of the incident.
- Dionisio Ballonico denied participation, stating he was merely a bystander.
Trial Court Decision:
- The trial court convicted all three accused of murder, qualified by treachery and aggravated by superior strength. They were sentenced to death and ordered to pay indemnity and damages.
Issues:
- Whether the trial court erred in not crediting Fernando Dorico’s defense of alibi.
- Whether the trial court erred in rejecting Romualdo Dorico’s claim of self-defense.
- Whether Dionisio Ballonico participated in the killing.
- Whether conspiracy existed among the three accused.
- Whether the trial court erred in convicting the accused of murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)