Title
People vs. Somera
Case
G.R. No. L-1674
Decision Date
May 9, 1949
Felix Somera was fatally attacked by Pablo Somera and Faustino Barnachea in 1945. Despite claims of self-defense, the court found them guilty of murder due to excessive wounds, treachery, and credible witness testimonies, sentencing them to reclusion perpetua.
murder
treacherous killing
voluntary surrender
A

Case Digest (G.R. No. L-1674)

Facts:

This is People of the Philippines v. Pablo Somera & Faustino Barnachea, G.R. No. L-1674, May 09, 1949, the Supreme Court En Banc, Paras, J., writing for the Court. The plaintiffs-appellee were the People of the Philippines; the defendants-appellants were Pablo Somera and Faustino Barnachea.

On the evening of March 11, 1945, Felix Somera, his children Moises and Redempta, and their houseboy Luis Somera were proceeding toward an evacuation place in Barrio Rucab, Tagudin, Ilocos Sur, when the two appellants—riding together on a horse—overtook them. An exchange of words occurred between Pablo and Felix. According to the prosecution witnesses (Redempta, Moises and Luis), the appellants alighted, attacked Felix: Faustino locked his arms around Felix while Pablo repeatedly struck him with a stone until Felix fell unconscious. Moises was struck with a bolo by Pablo while attempting to assist and had to leave to seek help.

After being revived, Felix and his companions rode toward the poblacion, but the appellants returned, came up from behind each taking a side, suddenly attacked again, pulled Felix from his horse, dragged him into the bushes, and Pablo delivered a final bolo thrust. A sanitary inspection showed Felix sustained nineteen wounds, three of which were fatal. Pablo later admitted killing Felix but claimed self-defense, asserting Felix had provoked and attacked him; Faustino maintained he had no criminal participation and withdrew from the fight.

The Court of First Instance of Ilocos Sur convicted both appellants of murder, sentenced them t...(Subscriber-Only)

Issues:

  • Were the appellants guilty of murder beyond reasonable doubt?
  • Did treachery and the aggravating circumstance of insult elevate the killing to murder, and did voluntary surrender operate as a mitigating circumstance affecting punishment?
  • (Concurring point) Should the civil indemnity awarded be increased to P6,000 in light of...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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