Title
People vs. Sube
Case
G.R. No. 146034
Decision Date
Apr 9, 2003
Accused armed with weapons entered victims' home, abducted and killed Nicanor. Convicted of Homicide, not Murder, due to insufficient proof of premeditation; sentenced to 8-14 years, damages awarded.
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Case Digest (G.R. No. 146034)

Facts:

  1. Incident Details:
    On the night of February 14, 1993, Julio Solis and his brother, Nicanor, were resting in their house in Pasong Palanas, Antipolo, Rizal. Julio heard shouts of "Bobot, papatayin ko kayo" from outside. He saw accused Lastide Sube, Rolando Menzon, Felizardo Ontog, Benedicto Acala, and Dino Ayala enter their yard armed with bladed weapons and flashlights. Julio hid behind trees and witnessed the accused enter their house, assault Nicanor, and carry him away with his hands bound.

  2. Aftermath:
    Julio reported the incident to his father and the police. The accused led the police to the gravesite where Nicanor was buried.

  3. Criminal Charges:
    An amended Information for Murder was filed against all accused, alleging conspiracy, treachery, and evident premeditation.

  4. Defenses:
    Each accused-appellant presented a different story, denying direct involvement and claiming coercion by their co-accused, Ayala and Acala, who remained at large.

  5. Trial Court Decision:
    The Regional Trial Court convicted the accused-appellants of Murder and sentenced them to reclusion perpetua, along with damages to the heirs of Nicanor.

Issue:

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Ruling:

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Ratio:

  1. Circumstantial Evidence:
    Circumstantial evidence is sufficient for conviction if: (a) there is more than one circumstance, (b) the facts are proven, and (c) the combination of circumstances leads to conviction beyond reasonable doubt.

  2. Conspiracy:
    Conspiracy may be inferred from the accused’s collective actions before, during, and after the crime, showing a common purpose and design.

  3. Evident Premeditation:
    For evident premeditation to apply, there must be clear proof of the time the decision was made, overt acts indicating determination, and sufficient time for reflection.

  4. Voluntary Surrender:
    Voluntary surrender requires that the offender was not arrested, surrendered to a person in authority, and acted voluntarily.

  5. Damages:
    Civil indemnity, moral damages, and temperate damages are awarded to the heirs of the victim in cases of homicide, while actual damages require substantiation.


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