Title
People vs. Mandao
Case
G.R. No. 135048
Decision Date
Dec 3, 2002
Appellant acquitted of double murder as prosecution failed to prove conspiracy beyond reasonable doubt; insufficient evidence of active participation or shared criminal intent.

Case Digest (G.R. No. 135048)

Facts:

People of the Philippines v. Lomer Mandao and John Doe, Accused, G.R. No. 135048, December 03, 2002, Supreme Court Third Division, Panganiban, J., writing for the Court. The case arose from an Information dated August 5, 1995 charging Lomer Mandao with two counts of murder (Article 248, Revised Penal Code) for the January 6, 1986 killings of Francisco Villamino and Severino Bodiongan in Barangay Colambutan, Tudela, Misamis Occidental.

The prosecution's theory was that Mandao and an unidentified companion conspired in the killings: eyewitnesses Roque Maquiling and Lolito Bodiongan testified that the companion produced and used a firearm while Mandao allegedly carried a hand grenade, threatened onlookers and fled with the gunman after the shooting. Mandao pleaded not guilty at arraignment on March 7, 1996 and, through defense, asserted an alibi that he was employed in Molave, Zamboanga del Sur at the time; he also denied ever having gone to Tudela prior to his arrest.

The Regional Trial Court (RTC), Ozamiz City, Branch 15, rendered a decision on June 5, 1998 convicting Mandao of murder and sentencing him to two reclusion perpetua and civil indemnities; the RTC credited the prosecution eyewitnesses and found treachery. Mandao appealed to the Supreme Court. The appeal was submitted for decision (records show submission events and briefing dates), and the Supreme Court Third Division issued the challenged decision on December 3, 2002, with Pan...(Subscriber-Only)

Issues:

  • Was the prosecution’s evidence sufficient to prove beyond reasonable doubt that Lomer Mandao was a co‑conspirator in the murders?
  • Were the testimonial statements of the prosecution witnesses credible and sufficient to sus...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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