Case Digest (G.R. No. L-48642)
Facts:
The People of the Philippines v. Tomas Salcedo, Roberto Esguerra, Roberto Madayao, and Alberto Leban, G.R. No. L-48642, June 22, 1987, Supreme Court En Banc, Yap, J., writing for the Court.The prosecution charged members of rival prison gangs with violent attack inside the New Bilibid Prison. The accused — Tomas Salcedo, Roberto Esguerra, Roberto Madayao and Alberto Leban — were convicted prisoners quartered in Brigade Dormitory No. 4‑D and alleged members of the Sigue‑Sigue Sputnik gang. The victims were prisoners assigned as kitchen boys and members of the rival G.I.G. (Genuine Ilocano Gang) quartered in Brigade Dormitory No. 13.
On the morning of September 24, 1975, six kitchen boys assigned to deliver breakfast rations to Brigade 4‑D were attacked while unloading their truck about three meters from the dormitory. Prison guards later restored order and brought the injured to the NBP Hospital. One victim, Cirilo Monroy, died that same morning from multiple stab wounds according to the Medico‑Legal Officer; five others sustained stab wounds that could have been fatal but for prompt medical care. Weapons, including spears and ice‑picks, were surrendered to guards by the gang leader Generoso Dungca and some were recovered near the dormitory water tank.
The Provincial Fiscal of Rizal filed an information dated February 3, 1977, charging the above four with Murder (for Monroy's death) and Multiple Frustrated Murder (for the other victims), together with Generoso Dungca who had escaped from custody on April 23, 1976 and remained at large. The four were arraigned on February 10, 1977; Tomas Salcedo pleaded guilty (prompting mandatory presentation of evidence), the others pleaded not guilty and were tried on the merits. After trial, the then Circuit Criminal Court of Pasig (Judge Onofre A. Villaluz) rendered and promulgated judgment on August 30, 1977 convicting Salcedo, Esguerra, Madayao and Leban of Murder and Multiple Frustrated Murder, imposing death for Monroy’s killing (with civil indemnity and damages) and long terms of reclusion temporal for the frustrated murders.
Because the trial court imposed death, the case came to the Supreme Court for automatic review. The record shows the case was considered submitted for decision January 8, 1981. On that same date appellant Roberto Esguerra died in prison (reported later by the Acting Director of Prisons). The Solicitor General confirmed the death and recommended dismissal of the criminal case against him without prejudice ...(Subscriber-Only)
Issues:
- Should the prosecution against appellant Roberto Esguerra be dismissed insofar as his criminal liability is concerned because of his death?
- Did the prosecution prove the crimes of Murder and Multiple Frustrated Murder beyond reasonable doubt so as to sustain the convictions of Tomas Salcedo, Roberto Madayao, and Alberto Leban?
- Was the theory of self‑defense, as pleaded by the accused, established and sufficient to acquit them?
- What is the effect of the abolition of the death penalty under the 1987 Constituti...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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