Case Digest (G.R. No. 205855)
Facts:
On the night of November 5, 1953, at approximately 11:00 p.m., gunfire awakened Vicente Pacson, his wife Cipriana Tadeo, their four minor children, and Cipriana’s mother, Monica del Mundo, in their home at Barrio Tikiw, San Antonio, Nueva Ecija. Vicente Pacson warned “Tata Pisio” of intruders and hid in the ceiling. Through forceful entry—breaking kitchen walls and removing boards—three men, one of whom was recognized by Cipriana as Agustin Mangulabnan alias Guinita, invaded the house. Mangulabnan disarmed the balcony door, permitting two unidentified companions to enter. He seized Cipriana’s P50 necklace, P50 in bills, and P20 in coins. Another assailant robbed Monica of P200 cash and a P200 gold necklace, then struck her face for failing to produce a diamond ring. A third intruder threatened a child before firing a shot into the ceiling. After the trio’s departure, Cipriana discovered Pacson dead in the ceiling. Dr. Vicente Llado’s autopsy revealed multiple gunshot wounds to tCase Digest (G.R. No. 205855)
Facts:
- Circumstances of the Crime
- On the night of November 5, 1953 at about 11:00 PM, gunshots awakened Vicente Pacson, his wife Cipriana Tadeo, their four minor children and Cipriana’s mother, Monica del Mundo, in their house in Barrio Tikiw, San Antonio, Nueva Ecija.
- Intruders, one of whom pried open the kitchen wall, entered the dining room; another forced the balcony door after appellant Agustin Mangulabnan removed its iron bar.
- Acts of Violence and Theft
- Mangulabnan (previously known to Cipriana) snatched a ₱50 necklace and ₱70 in cash from her person.
- An unidentified accomplice searched Monica del Mundo, took ₱200 in cash and a ₱200 gold necklace, then struck her when she failed to produce a diamond ring. A child was nearly struck but was protected by Monica’s intervention.
- After firing a warning shot into the ceiling, the three perpetrators fled.
- Discovery of the Victim and Medical Findings
- Cipriana found her husband Vicente Pacson dead in the ceiling space.
- Autopsy by Dr. Vicente P. Llado (Exhibit C) disclosed multiple gunshot wounds (head, arm, forearm, clavicle, back) and severe hemorrhage from a frontal head wound as cause of death.
- Investigation, Confessions and Prosecution
- That same evening the crime was reported. Cipriana identified Mangulabnan to the Chief of Police.
- Mangulabnan executed a sworn affidavit before the Justice of the Peace admitting participation in the robbery and homicide (Exhibits A & B), later exculpating one co-defendant in a subsequent affidavit (Exhibit D).
- A complaint for robbery with homicide was filed in the Justice of the Peace’s court, later amended to name Dionisio Sarmiento and seven others. After preliminary investigation, the case was raffled to the Court of First Instance of Nueva Ecija.
- At trial, Mangulabnan was convicted of robbery with homicide and sentenced to reclusion perpetua, indemnities (₱400 to Monica del Mundo; ₱132 to Cipriana Tadeo; ₱6,000 to Pacson’s heirs) and costs. Sarmiento was acquitted; charges against others at large were dismissed.
- Mangulabnan’s motion for new trial based on “newly discovered evidence” was denied, prompting this appeal.
Issues:
- Whether the trial court erred in denying appellant’s motion for a new trial on the ground of newly discovered evidence.
- Whether the carbon copy of the post-mortem report (Exhibit C) was inadmissible.
- Whether the affidavit of Sgt. Adan Fernando (Exhibit 1) was properly excluded.
- Whether appellant is criminally liable for robbery with homicide by virtue of conspiracy with unidentified accomplices.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)