Case Digest (G.R. No. 135551)
Facts:
People of the Philippines v. Ampie Taraya y Cantuba @ "Boyet," Arly Cantuba y Daigo @ "Beget" and Jonar Estrada y Cantuba, G.R. No. 135551, October 27, 2000, Supreme Court First Division, Davide Jr., J., writing for the Court.The prosecution charged Ampie Taraya (Ampie), Arly Cantuba (Arly) and Jonar Estrada (Jonar) with murder for the killing of Salvador Reyes on the night of 24 September 1995 in Sitio Bagong Silang, Barangay Batuhan, Famy, Laguna. The information alleged the use of an itak (bolo) and that the killing was attended by treachery, abuse of superior strength and evident premeditation. Upon arraignment the accused pleaded not guilty and trial ensued before the Regional Trial Court (RTC), Branch 33, Siniloan, Laguna (Criminal Case No. S-1898 / Criminal Case No. 4324 in the trial court record).
At trial the prosecution presented eyewitnesses Mariano Adillo and David Angeles, Jr., Salvador’s father Gregorio Reyes, and pathologist Dr. Gloria Jamolin. Mariano testified he saw the victim accosted by three men and later identified the three accused in court. David testified that he saw Ampie approaching a man (later identified as Salvador) brandishing a bolo and that Arly and Jonar were near, appearing ready to assist; he later gave a sworn statement to police. Dr. Jamolin’s autopsy report showed a hack wound to the neck consistent with a sharp instrument and other abrasions indicating a prior fight; cause of death was cardio-respiratory arrest secondary to hemorrhage.
The defense presented several witnesses including Armando Bilara and Domingo Decena and the accused themselves. Ampie claimed self-defense, alleging Salvador struck him with an iron pipe and he retaliated with a single bolo blow. Arly and Jonar each asserted alibi defenses, claiming they were at home asleep that night; Arly also contended earlier troubles between families explained any suspicion. One police witness recorded that Ampie surrendered at the police station on 9 October 1995 and confessed, after which the investigation continued.
On 6 February 1998 the RTC convicted all three accused of murder and sentenced each to reclusion perpetua and ordered indemnity to the heirs. The trial court found eyewitness testimony credible, rejected the defenses of alibi and self-defense as weak, found treachery and abuse of superior strength (the latter absorbed in treachery), and denied voluntary surrender as mitigating for Ampie because a warrant had already been issued.
The accused appealed to the Supreme Court. Before the Court, they argued (1) lack of conspiracy and that Arly and Jonar did not participate in the killing, (2) that onl...(Subscriber-Only)
Issues:
- Whether the evidence proved conspiracy and participation of Arly Cantuba and Jonar Estrada in the killing of Salvador Reyes.
- Whether the killing by Ampie Taraya was murder (by treachery) or only homicide.
- Whether Ampie Taraya is entitled to the mitigating circumstance of...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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