Case Digest (G.R. No. L-33643)
Facts:
The People of the Philippines v. Bernardo Manzano, Delfin Manzano and Venerando Manzano, G.R. Nos. L-33643 and L-33644, July 31, 1974, Second Division, Aquino, J., writing for the Court. The appeals arose from convictions in the Court of First Instance of Pangasinan, Lingayen Branch (Criminal Cases Nos. L-148 and L-149), which sentenced Bernardo, Delfin and Venerando Manzano to reclusion perpetua for the murder of Jose Quintos (L-148), and sentenced Venerando for attempted homicide of Alfredo Quintos (L-149); Bernardo later withdrew his appeal and Delfin did not appeal.At about noon on January 11, 1970, Jose Quintos, his wife Flora, their children and a daughter-in-law were eating in their home in Barrio Cabaluyan 2nd, Mangatarem, Pangasinan, when someone outside called Jose. Flora identified the callers as Venerando (neighbor and barrio councilman), Bernardo (a Constabulary sergeant) and Delfin (Bernardo’s son and a Constabulary soldier), each armed. After warning shots, the three entered, beat Quintos and tried to take his rifle; Alfredo Quintos, nearby, saw them and was pushed out and shot in the lip by Venerando. The three then dragged the bound and maltreated Jose to the fenced yard of Venerando’s house. Several hours later police found Jose dead in that yard with multiple wounds including a fatal abdominal gunshot; a bloodstained rifle lay beside the body. Patrolman Toledo arrested Bernardo at the scene after Bernardo allegedly admitted he shot Quintos and displayed a carbine.
Medical examination by Dr. Raymundo Velasquez detailed multiple blunt and sharp wounds and a fatal gunshot to the right hypochondrium; the time of death was about 4:00 p.m. Alfredo’s gunshot injury healed within days. Statements of witnesses were sworn before the municipal judge and Sergeant De Vera filed complaints in the Municipal Court (kidnapping with murder against the Manzanos; frustrated homicide against Venerando). The accused waived the second stage of preliminary investigation and the records were remanded to the Court of First Instance where informations were filed and trials held, resulting in the convictions above. Bernardo and Venerando appealed to this Court (Bernardo later withdrew his appeal).
Venerando defended on alibi and claimed the killing was by Delfin acting alone while Delfin claimed he shot Quintos during an attempted escape or struggle. The trial court found concerted maltreatment and conspiracy among the three and convicted them for murder; it found evident premeditation but did not appreciate abuse of superiority, treachery or cruelty as qualifying circumstances. The court likew...(Subscriber-Only)
Issues:
- Whether the evidence suffices to convict Venerando Manzano of murder as a principal or co-conspirator.
- Whether aggravating circumstances (abuse of superiority, treachery, evident premeditation, cruelty, dwelling) were established to enhance punishment.
- Whether the wounding of Alfredo Quintos by Venerando constitutes attempted homicide (and the proper degree/penalty), and whether dwelling is an aggravating circumstance.
- Whether subsidiary imprisonment for the indemnity should be imposed in light of the amendment effected by Republic Act N...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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