Case Digest (G.R. No. 112235)
Facts:
People of the Philippines v. Elias Lovedioro y Castro, G.R. No. 112235, November 29, 1995, First Division, Kapunan, J., writing for the Court.The prosecution (the People of the Philippines) charged defendant-appellant Elias Lovedioro y Castro with the murder of SPO3 Jesus Lucilo. On July 27, 1992 Lucilo, an off-duty policeman, was approached on Burgos Street, Daraga, Albay; a man drew a .45 caliber pistol, shot Lucilo at close range, and, as Lucilo lay wounded, another of the assailants fired four more shots. The assailants then took Lucilo’s service firearm and fled by tricycle. Lucilo died the same day of hypovolemic shock from multiple gunshot wounds (municipal health officer’s autopsy).
A prosecution eyewitness, Nestor Armenta, testified that he knew both the victim and the shooter and identified the shooter as appellant (Armenta is appellant’s uncle). The provincial prosecutor of Albay filed an Information on November 6, 1992 charging appellant with Murder under Article 248 of the Revised Penal Code. At trial appellant gave an extrajudicial confession admitting participation as a “look-out” and narrating the events but did not there state membership in the New People’s Army (NPA). The Information likewise made no allegation that the NPA was involved.
The trial court found appellant guilty of Murder beyond reasonable doubt and, in its decision dated September 24, 1993 (dispositive block refers to the trial court decision), sentenced him to reclusion perpetua and ordered civil indemnity, moral and actual damages payable to the widow. Appellant appealed, contending that the killing was in furtherance of rebellion (absorbable in rebellion under Art. 134, as amended by Republic Act No. 6968) and that he should therefore have been charged and punished for rebellion (as a participant) with a lighter penalty (prision mayor). The Solicitor General defended the murder conviction, arguing that appellant failed to establish the requisite political motive and that, if rebelli...(Subscriber-Only)
Issues:
- Was the killing of SPO3 Jesus Lucilo a crime of rebellion (absorbing the killing as a political act) or was appellant properly convicted of the common crime of murder?
- If not rebellion, was the penalty imposed by the trial court—reclusion ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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