Case Digest (G.R. No. 48811)
Facts:
The People of the Philippines v. Aguedo Nartea, et al., G.R. No. 48811, October 23, 1942, the Supreme Court, Ozaeta, J., writing for the Court (Yulo, C.J., Moran, Paras, and Bocobo, JJ., concurring).The appellants—Aguedo Nartea, Domingo Nartea, and Potenciano Nartea (brothers), together with their cousin Jesus Nartea (a 15‑year‑old minor who did not appeal)—were indicted, tried and convicted for the murder of Benito Graban in the Court of First Instance of Leyte. The trial court sentenced Domingo and Potenciano to reclusión perpetua; Aguedo to an indeterminate term (fourteen years, eight months, and one day to twenty years of reclusión temporal); the three adults were ordered jointly and severally to indemnify the heirs P2,000 and to pay three‑fourths of the costs; Jesus, as a minor, was ordered confined in Welfareville until majority.
The events began on September 24, 1940, when appellants’ father, Edelfonso (Alfonso) Nartea, was killed by Fidel Naagas (with Porfirio Graban charged as co‑accused). Two days later, on September 26, 1940, about 8:00 a.m., Benito Graban sustained four severe bolo wounds (lumbar back, left hand, right wrist, and left inguinal region) while at the house of his nephew Benedicto Naagas in Sitio Tangnan, barrio Bislig, Carigara, Leyte. Gaudiosa Balais (wife of Benedicto) and Fernanda (alias Alexandra) Canete were present. Sergeant Benito Arintok arrived within about an hour and found the wounded Benito, who named the assailants (using pet names: Didoy/Idoy = Aguedo; Igoy = Domingo; Potin = Potenciano; and Jesus). The Justice of the Peace later recorded similar declarations while Benito was en route to the municipal building; Benito died that evening of hemorrhage.
At trial the prosecution relied on the eyewitness testimony of Gaudiosa Balais, Potenciana Dandan, and the deceased’s contemporaneous declarations to police and the justice of the peace; the defense offered testimony from Aguedo and Domingo and witnesses Vicente Makabenta, Luciana Famor, Rufino Graban (the deceased’s brother), and others, claiming that only Aguedo engaged with Benito and that Domingo and Potenciano were elsewhere. The trial court admitted the deceased’s statements as part of the res gestae, disbelieved the defense theory, and convicted the three adult appellants as described above. Counsel de oficio raised three assignments of error on appeal: (1) erroneous admission of Exhibit E as res gestae; (2) failure to find that ...(Subscriber-Only)
Issues:
- Were the declarations made by the wounded Benito Graban admissible as part of the res gestae?
- Did the trial court err in finding that Domingo and Potenciano participated in the attack and in crediting the prosecution’s witnesses over the defense witnesses?
- Did Aguedo Nartea act in lawful self‑defense?
- Should the motion for a new trial based on the proposed testimony of Fernanda (Alejandra) Canete (newly di...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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