Case Digest (G.R. No. 112972)
Facts:
People of the Philippines v. Romeo Sambulan, Lucas Sambulan and Alfredo Sambulan, G.R. No. 112972, April 24, 1998, Supreme Court Second Division, Regalado, J., writing for the Court.The information filed in the Regional Trial Court, Branch 16, Tangub City charged Romeo, Lucas and Alberto (Alfredo) Sambulan with murder allegedly occurring on August 28 (the information recites 1998), at about 6:00 p.m., in Barangay Manga, Tangub City; upon arraignment the three pleaded not guilty. At the close of the prosecution’s case the trial court, on defense motion, dismissed the case against Alberto for lack of evidence and proceeded to try Romeo and Lucas. The prosecution presented five witnesses: Antonia Roda (victim’s spouse), Saturnino Mabalod (father of the Sambulans), Felix Ano-os (eyewitness), Dr. Sinforiana del Castillo (examining physician), and Delfin Lumingkit (victim’s brother-in-law).
The witnesses’ accounts showed that earlier on August 28 (the record also refers to 1992 in testimony) a fistfight occurred between the victim, Antonio Roda, and petitioners’ father Pedro Sambulan. Later that evening Felix Ano-os saw at a cornfield Romeo and Lucas hacking Antonio with a bolo from some ten meters away and overheard Lucas say, “We have already taken you, Ling.” Delfin and Antonia were brought to the locus; Antonia found her husband dead, covered with blood and bearing multiple wounds. Dr. Del Castillo’s necropsy identified thirteen wounds, several deep and gravely located on the face and neck, and testified that different wounds suggested more than one kind of instrument was used.
At trial Romeo admitted killing Antonio but pleaded self-defense: he said he met the victim, the victim drew a long bolo, he kicked the victim in the groin, wrested the bolo, then stabbed and hacked him; he surrendered the bolo and scabbard to police and claimed he acted alone. Defense witness Rosalinda Undag Malig-on claimed only Romeo and the victim were present; Lucas denied participation and had a witness saying he was at home watching television when Romeo arrived asking for help to surrender.
On September 10, 1993, the trial court (Executive Judge Dominador B. Borje) convicted Romeo and Lucas of murder with evident premeditation and treachery and sentenced them to reclusion perpetua and civil indemnity of P50,000. On appeal, the Bureau of Corrections later informed the Court that Lucas died on May 23, 1994, at San Ramon Prison, Zamboanga City; appeals by a deceased accused were held extinguished by cited precedent. Romeo initially manifested he did not wish to pursue his appeal, prompting the Court to dismiss it on November 13, 1995; he later moved for reconsideration...(Subscriber-Only)
Issues:
- Whether the criminal and civil liabilities of appellant Lucas Sambulan were extinguished by his death pending appeal.
- Whether appellant Romeo Sambulan’s plea of self-defense was sufficiently established to negate criminal liability.
- Whether the trial court properly appreciated treachery and evident premeditation as qualifying circumstances elevating the killing to murder.
- Whether the mitigating circumstances of voluntary surrender and vindication of a grave offense should have been recognized and affect the penalty.
- Whether, in light of the foregoing, the conviction and penalty im...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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