Case Digest (G.R. No. 132633)
Facts:
On January 27, 1996, in Barrio Malagamot, Panacan, Davao City, a group of four men including Armando Gemoya and Ronilo Tionko armed with a pipe, wood and an improvised sling‑shot called an "indian pana" attacked bystanders; Wilfredo Alferez was fatally pierced in the chest and Rosalie Jimenez was wounded. The Regional Trial Court, after joint trial, convicted both accused of murder in Criminal Case No. 36,460‑96 and of frustrated homicide in Criminal Case No. 36,459‑96, sentencing them to death for murder and to imprisonment for the frustrated homicide; the case came to the Court on automatic review.Issues:
- Did the evidence suffice to convict both accused of murder qualified by abuse of superior strength?
- Were the accused properly convicted of frustrated homicide for the injury to Rosalie Jimenez?
- Did the trial court err in failing to apply the mitigating circumstance of voluntary surrender and in imposing the death penalty?
Ruling:
The Court affirmed the convictions fo Case Digest (G.R. No. 132633)
Facts:
- Parties and capacities
- PEOPLE OF THE PHILIPPINES as plaintiff-appellee.
- ARMANDO GEMOYA and RONILO TIONKO as accused-appellants.
- Other persons involved: Candelario Aliazar; Rolly Tionko; victims Wilfredo Alferez and Rosalie Jimenez; eyewitnesses Irene Lantapon, Jerry Lantapon, Edgardo Jimenez; medico-legal officer Dr. Ricardo M. Rodaje.
- Chronology of events on January 27, 1996
- At about 9:00 p.m. in Barrio Malagamot, Panacan, Davao City, a commotion occurred that drew neighborhood residents outside.
- Accused Gemoya and Aliazar ran to their house and later returned with Ronilo and Rolly Tionko, armed with pipe, wood, and an improvised bow-and-arrow called an "indian pana."
- The group demanded explanation concerning an earlier event; after being told nothing had happened, they proceeded to the house of the Alferezes and encountered Wilfredo Alferez standing by the road.
- The four assailants rushed Alferez; Ronilo Tionko struck him with a cylindrical wood, Rolly Tionko with a pipe, Aliazar held Alferez's arms, and Gemoya discharged his "indian pana" which struck Alferez on the left chest.
- Alferez slumped and was assisted by Edgardo Jimenez; Rosalie Jimenez attempted to pull him away; while Gemoya prepared to fire again, Rosalie was struck in the left ear by the second "indian pana."
- The four assailants fled. Rosalie received medical treatment and was declared out of danger; Wilfredo Alferez was pronounced dead on arrival at the hospital.
- Medical and forensic evidence
- Dr. Ricardo M. Rodaje, NBI medico-legal officer, conducted autopsy and testified that he found no injury on the victim other than a puncture wound on the chest, which was the sole cause of death.
- Rosalie's injury required minor treatment; the record lacked evidence on duration of incapacity.
- Criminal complaints, pleas and trial court disposition
- Two separate Informations were filed against four suspects, including accused-appellants, captioned as Criminal Case No. 36,459-96 and Criminal Case No. 36,460-96 and charging respectively frustrated homicide (victim Rosalie Jimenez) and murder (victim Wilfredo Alferez, alleging treachery and abuse of superior strength).
- ARMANDO GEMOYA entered a plea of not guilty on May 28, 1996; RONILO TIONKO entered a plea of not guilty on August 28, 1996; the cases were jointly tried.
- The Regional Trial Court, Eleventh Judicial Region, Branch 15, Davao City, found the accused guilty: for frustrat...(Subscriber-Only)
Issues:
- Sufficiency of evidence to sustain conviction for murder of Wilfredo Alferez
- Whether the prosecution proved beyond reasonable doubt that accused-appellants caused Alferez's death.
- Whether any qualifying circumstance, specifically abuse of superior strength, was established.
- Applicability of claimed justifying or exempting circumstances
- Whether self-defense was duly established by accused-appellants.
- Whether the admissions by accused shifted the burden of proof and affected presumption of innocence.
- Liability for injury to Rosalie Jimenez and proper characterization of offense
- Whether accused-appellants may be held guilty of frustrated homicide for the wounding of Rosalie.
- Whether mistake in identity or aberratio ictus applies.
- Proper penalty to impose
- Whether the trial court erred in failing to consider voluntary su...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)