Case Digest (G.R. No. L-26491)
Facts:
The case involves the defendants-appellants Pastor Tapac, Glicerio Cabigayan, Antonio Tapac, Ramon Cabigayan, Rodrigo Tapac, and Juanito Abegonia, who were charged with robbery with homicide in the Court of First Instance of Samar. The incident occurred on November 15, 1974, in Barangay San Antonio, Calbayog City, Samar. The victim, Francisco Abegonia, was found dead in his house, with multiple stab wounds and his belongings missing. The trial court found the defendants guilty of the crime based on the testimonies of witnesses and the physical evidence presented. The court held that while there was no sufficient evidence to prove that the defendants conspired to commit the crime, they helped each other in committing the same. The court also found that the killing of the victim was attended by cruelty and treachery, and that the defendants were under the influence of intoxication at the time of the crime. The court sentenced Pastor Tapac to reclusion perpetua, Antonio Tapac to an indeterminate penalty from 12 years of prision mayor to 20 years of reclusion temporal, and Glicerio Cabigayan, Ramon Cabigayan, Rodrigo Tapac, and Juanito Abegonia to an indeterminate penalty from 10 years and 1 day of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal. The court also ordered all the defendants to indemnify the heirs of the deceased and pay the corresponding costs.
Issue:
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Ruling:
- The court ruled that there was no sufficient evidence to prove that the defendants conspired to commit the crime, but they helped each other in committing the same. Therefore, they should all be held equally liable for the death of the deceased and the robbery.
- The court ruled that the killing of the victim was attended by cruelty and treachery, and therefore, the defendants should be held equally liable for the same. The court found that the victim was stabbed multiple times, indicating cruelty, and that the attack was sudden and unexpected, indicating treachery.
- The court ruled that the aggravating circumstance of cruelty should be considered against some of the defendants. The court found that there was evidence to show that Glicerio Cabigayan, Ramon Cabigayan, Rodrigo Tapac, and Juanito Abegonia actively participated in the stabbing of the victi...(Unlock)
Ratio:
- Conspiracy requires the same purpose and joint execution of the offense, but it does not require a previous agreement. In this case, while there was no evidence of a previous agreement, the defendants helped each other in committing the crime, which established their liability.
- In cases of robbe...continue reading
Case Digest (G.R. No. L-26491)
Facts:
The case of People v. Tapac involves the defendants Pastor Tapac, Glicerio Cabigayan, Antonio Tapac, Ramon Cabigayan, Rodrigo Tapac, and Juanito Abegonia. They were charged with robbery with homicide. The incident took place in Parasanon, Samar, where the defendants, along with other neighbors, were helping Antonio and Dolores Ocenar plant an upland ricefield. During lunch, Felipe Mabutas, the victim, arrived at the house of Trinidad Ocenar to negotiate the purchase of her carabao. Pastor Tapac asked Mabutas for a loan, which was refused, leading to an attack on Mabutas by Pastor, Antonio, Glicerio, and Juanito. Ramon, Jesus Abadiac, and Rodrigo also joined in the attack after Mabutas was already dead. The victim suffered multiple fatal wounds and mutilations, including the cutting of his ear, tongue, and jaw, and the gouging of his eyes. Pastor Tapac also took the victim's wallet containing money.
Issue:
The main issues raised in the case are as follows:
- Whether an impossible crime was committed by the defendants.
- Whether conspiracy existed among the defendants.
- Whether the killing of the victim was attended by cruelty and treachery.
- Whether the defendants should be sentenced to indeterminate penalties.
- Whether the mitigating circumstance of intoxication should be considered.
Ruling:
The court ruled that an impossible crime could not have been committed because there was evidence to suggest that the victim was still alive when the defendants continued to stab him. Conspiracy was deemed to have been established as the evidence showed that the defendants had the same purpose and joined together in the execution of the crime. The court also found that the killing of the victim was attended by cruelty and treachery, as evidenced by the unnecessary mutilations and injuries inflicted upon him. The defendants were sentenced to indeterminate penalties, with Pastor Tapac being held responsible for the robbery and the others being held equally liable for the homicide. The court also considered the mitigat...