Title
People vs. Ellado
Case
G.R. No. 124686
Decision Date
Mar 5, 2001
After a dispute, brothers-in-law Roque and Rodolfo attacked Rogelio, leading to his death. Roque was convicted of murder, with conspiracy and treachery proven beyond reasonable doubt.

Case Digest (G.R. No. 124686)

Facts:

People of the Philippines v. Roque "Uking" Ellado and Rodolfo Bakunawa, G.R. No. 124686, March 05, 2001, Supreme Court Second Division, Quisumbing, J., writing for the Court. The appealed decision is the March 25, 1996 judgment of the Regional Trial Court, Valenzuela, Branch 171, in Criminal Case No. 4819‑V‑95.

The accused are Roque "Uking" Ellado (appellant) and Rodolfo Bakunawa (co‑accused). The factual nexus began with a neighborhood quarrel in mid‑November 1994 between Rogelio Morillo (the eventual victim) and Lina Ellado (Roque’s sister, married to Rodolfo) after garbage was thrown near Morillo’s chicken coop; hostilities ensued between the families.

On December 19, 1994 at about 6:00 P.M., Roque and Rodolfo went to Rogelio’s house. According to the prosecution’s eyewitness, Joan Morillo (the victim’s daughter), Rodolfo suddenly stabbed Rogelio; Rogelio fled into the house and closed doors and windows save for one window. Through that window Joan saw Roque draw a knife, taunt the victim, tell Rodolfo to go to the back of the house, and remain by the window until Rogelio collapsed and later died. Roque testified he had gone alone to apologize and denied conspiracy; Rodolfo remained at large.

Criminal information charged both with murder, alleging conspiracy and attendant circumstances including evident premeditation, treachery, abuse of superior strength, and deliberate intent to kill. Roque pleaded not guilty and was tried; the prosecution presented Joan and an NBI medico‑legal officer; the defense presented Roque and a sister. On March 25, 1996 the R.T.C. convicted Roque of murder and sentenced him to reclusion perpetua, ordered indemnities and costs.

On appeal before the Supreme Court (G.R. No. 124686), appellant contended h...(Pro-only)

Issues:

  • Was appellant Roque Ellado’s guilt for murder proved beyond reasonable doubt in light of his denial of conspiracy with co‑accused Rodolfo Bakunawa?
  • Were the aggravating circumstances of evident premeditation and abuse of superior strength proven and pro...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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