Case Digest (G.R. No. 110405)
Facts:
On 25 April 1982, Domingo and Dominador Nepal passed by the store of Merly Pelago in Barangay San Isidro, General Luna, Quezon, where a drinking spree was ongoing. During the evening, after Domingo was attacked with bladed weapons by several men who emerged from hiding behind a banana grove and from a nearby well-lit house, he sustained fatal hacking wounds including one that lacerated his right lung. Domingo’s mother, Maxima Remuyan, witnessed that all the accused were armed and came from different directions; he was already dead when help arrived. The accused Virgilio Tanedo, Berlito Lachica, Danilo Mercadal, Mercurio Lemina, Jesus Lachica, and Enrico “Boy” Gepaya were charged with murder, alleged to involve conspiracy, treachery, and evident premeditation.The RTC rendered conviction on 14 December 1990 for murder qualified by treachery, sentencing the accused to reclusion temporal in its maximum period range through the Indeterminate Sentence Law and ordering indemnity to t
Case Digest (G.R. No. 110405)
Facts:
- Circumstances preceding the killing
- On twenty-five April nineteen hundred eighty-two, at about six o’clock in the evening, Domingo Nepal and Dominador Nepal passed by the store of Merly Pelago in Barangay San Isidro, General Luna, Quezon.
- At Merly Pelago’s store were Barangay Captain Pacito Agoncillo, Ruben Agoncillo, Eleno Agoncillo, Jesus Lachica, and a certain Konsehal Francisco, while they were having a drinking spree.
- Berlito Lachica and Danilo Mercadal were with the group of the barangay captain but were not drinking.
- Domingo was called by Ruben Agoncillo, while Dominador went to the adjoining house of Nemesio del Mundo.
- Inside the house, Dominador heard shouts of women from the direction of the store and rushed back.
- Dominador saw Jesus Lachica kicking Ruben Agoncillo while Domingo pacified them.
- Dominador then saw Danilo Mercadal carrying a bolo and about to hack Domingo.
- Domingo swiftly got hold of a piece of wood and drove Danilo away.
- Berlito Lachica, also armed with a bolo, followed his brother-in-law Danilo toward the mountain.
- Events leading to the assault at about seven o’clock in the evening
- At about seven o’clock that evening, as Domingo and Dominador were about to leave, Ruben asked them to accompany him to Barangay Captain Pacito Agoncillo to complain.
- Agoncillo had left the group earlier.
- The Nepals left Ruben only with a certain Boy Revadavia before proceeding home.
- Domingo walked ahead, with Dominador about four meters behind him.
- The ambush and the manner of killing
- Virgilio Tanedo, Berlito Lachica, Jesus Lachica, Enrico Gepaya, and Mercurio Lemina, all armed with bladed weapons, suddenly emerged from a banana grove.
- They also emerged from Nuestro Tanedo’s house nearby, which was well-lit by electric light from the balcony.
- Danilo Mercadal boloed Domingo and hit him on the right side of his head, causing him to stagger backward.
- At that juncture, Virgilio, Berlito, Jesus, Mercurio, and Enrico surrounded Domingo.
- Virgilio gave Domingo a final thrust with his balisong.
- Dominador shouted for help, but it was to no avail.
- Mercurio and Gepaya encircled Domingo, and then the killing was completed.
- The malefactors disappeared, leaving Domingo prostrate on the ground.
- Domingo sustained profuse bleeding from hacking wounds, including one that went through his chest and lacerated his right lung.
- Eye-witness account from the victim’s mother
- Maxima Remuyan, mother of Domingo, was about five meters away during the assault.
- She saw Domingo being assaulted by the accused who were all armed and seemed to have come from all directions.
- Maxima cried out for help, but by the time people responded, Domingo was already slain.
- Charges and procedural history in the trial court
- Virgilio Tanedo, Berlito Lachica, Danilo Mercadal, Mercurio Lemina, Jesus Lachica, and Enrico “Boy” Gepaya were charged with murder.
- The information alleged conspiracy, treachery, and evident premeditation.
- Except for Virgilio Tanedo, all the accused testified and disavowed any involvement in the killing of Domingo.
- On fourteen December nineteen hundred ninety, the trial court rendered judgment convicting the accused of murder and applying the Indeterminate Sentence Law.
- The trial court sentenced each convicted accused to suffer twelve (12) years of prision mayor to twenty (20) years of reclusion temporal.
- The trial court ordered indemnification to the heirs of Domingo Nepal in the amount of P30,000.00.
- The trial court ordered the accused to suffer the accessory penalties of the law.
- Mercurio Lemina, a detention prisoner, received full credit for preventive imprisonment.
- Death of one accused and effect on appeal
- Only Virgilio Tanedo, Berlito Lachica, Jesus Lachica, and Danilo Mercadal appealed their conviction to the Court of Appeals.
- Pending appeal, Jesus Lachica died on twenty-seven March nineteen hundred ninety-one at the New Bilibid Prison Hospital.
- A resolution dated eight August nineteen hundred ninety-one by the Court of Appeals declared Jesus Lachica’s criminal and civil liabilities extinguished pursuant to Art. 89 of the Revised Penal Code and deemed the appeal closed and terminated.
- Court of Appeals disposition
- On fourteen January nineteen hundred ninety-three, the Court of Appeals affirmed the trial court’s decision.
- The Court of Appeals modified the penalty by sentencing the accused-appellants to reclusion perpetua.
- The Court of Appeals ordered indemnification to the heirs of Domingo Nepal in the amount of P50,000.00.
- The Court of Appeals certified the case to the Supreme Court for review pursuant to Rule 124, Sec. 13, of the Rules of Court.
- Accused-appellants’ defenses at trial and on appeal
- Jesus Lachica’s version
- Jesus Lachica claimed that while he was in the store of Merly Pelago drinking with Pacito Agoncillo, Francisco Luistro, and Eleno Agoncillo, he heard Ruben Agoncillo berating his son-in-law Danilo Mercadal.
- Jesus told Mercadal to leave and asked Ruben what the trouble was, but Danilo snapped at him that it was none of his business.
- Jesus stated that this angered him and prompted him to kick Danilo.
- Jesus denied participation in the slaying of Domingo and alleged he remained in the store until ten o’clock in the evening.
- Berlito Lachica’s version
- Berlito claimed that at about six o’clock in the evening of twenty-five April nineteen hundred eighty-two, he stopped at Merly Pelago’s store to buy cigarettes.
- Berlito saw his father drinking and decided to wait for him until ten o’clock.
- Berlito corroborated Jesus Lachica’s account.
- Danilo Mercadal’s version
- Danilo denied complicity.
- Danilo claimed he went to retrieve dinner plates that Merly had borrowed earlier.
- He stated that Ruben Agoncillo arrived drunk and tried to hit him.
- Danilo claimed his father-in-law, Jesus Lachica, intervened and told him to leave the store.
- Danilo stated that he left with his wife for home.
- Virgilio Tanedo’s version and alibi with defense witness
- Virgilio presented Myrna Barretto, a barangay health worker, to testify for ...(Subscriber-Only)
Issues:
- Whether the trial court and appellate court misappreciated testimonies, particularly those of Maxima Remuyan and Sofio Pollo
- Whether Maxima Remuyan’s testimony, including the names she heard during the assault, precluded the participation of other accused
- Whether the trial court properly evaluated the defense theory that Mercurio Lemina and Enrico Gepaya were the sole assailants
- Whether the evidence proved guilt for murder beyond reasonable doubt, including the existence of conspiracy and qualifying circumstances
- Whether the accused participated in the killing of Domingo Nepal
- Whether the prosecution established conspiracy
- Whether treachery qualified the killing to murder
- Whether, assuming participation, the offense could only be homicide instead of murder
- Whether alevosia or treachery could be appreciated on the alleged ground of a “casual encount...(Subscriber-Only)
Ruling:
- (Subscriber-Only)