Case Digest (G.R. No. L-45470)
Facts:
People of the Philippines v. Gregorio Laquinon, Alias "Jolly," G.R. No. L-45470, February 28, 1985, Supreme Court Second Division, Concepcion, Jr., J., writing for the Court. The Court reviewed the conviction of respondent (plaintiff-appellee) the People of the Philippines and appellant (defendant-appellant) Gregorio Laquinon for the killing of Pablo Remonde.On or about November 13, 1972, Remonde was found at the bank of a river in Hagonoy, Davao del Sur, with his hands tied behind his back and suffering gunshot wounds. Barrio Captain Samama Buat and others reached the scene; Remonde identified himself and, when asked who shot him, named Gregorio Laquinon. He was taken to Canos Hospital in Digos, where Dr. Alfonso Llanos operated and recovered a slug; Remonde died on November 16, 1972. The People charged Laquinon with murder qualified by treachery.
At trial appellant denied the killing. He claimed he was a member of the KM and that one Noli Cabardo (their CO), with about ten men, had confronted Remonde after appellant and Cristino Nerosa brought him to Cabardo; appellant claimed Cabardo fired the fatal shot as Remonde attempted to flee. Appellant said Nerosa separated from him before reaching Cabardo; later Cabardo and two others were killed in a raid and appellant surrendered to authorities in May 1975.
The Court of First Instance of Davao del Sur convicted Laquinon of murder under Article 248, Revised Penal Code, and sentenced him to reclusion perpetua, ordered indemnity of P12,000 to the heirs, and costs. Laquinon appealed to ...(Subscriber-Only)
Issues:
- Was the statement of Pablo Remonde admissible as an ante-mortem (dying) declaration?
- Was appellant Gregorio Laquinon guilty beyond reasonable doubt of murder qualified by t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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