Case Digest (G.R. No. 56358)
Facts:
People of the Philippines v. Luis B. Toring, Diosdado Berdon and Carmelo B. Berdin, G.R. No. 56358, October 26, 1990, Supreme Court Third Division, Fernan, C.J., writing for the Court.The prosecution charged Luis B. Toring, Diosdado Berdon and Carmelo Berdin with the murder of Samuel Augusto arising from a stabbing at a benefit dance at Sitio Naga, Babag II, Lapu‑lapu City on the evening of May 25, 1980. Witnesses testified that after the announcement of the contest winner, Samuel stepped out; while Samuel was apparently answering nature’s call he was approached from behind and stabbed in the abdomen, later dying of massive hemorrhage. A kitchen knife (Exhibit B) was recovered and traced to Toring’s house; police testimony indicated Berdin led them to the knife in Toring’s home.
The information originally charged Toring with murder and was later amended to include Berdon and Berdin, alleging conspiracy and treachery, plus the aggravating circumstances of evident premeditation and nighttime. At trial Toring testified he stabbed Samuel in defense of his cousin Joel Escobia, whom Samuel had allegedly threatened with a shotgun; Toring also admitted hiding the knife and later surrendering. Berdon asserted alibi and denied participation; Berdin, a 17‑year‑old, admitted witnessing the stabbing and knowing where Toring hid knives but maintained he retrieved and surrendered the knife to police when requested.
On October 28, 1980, the Circuit Criminal Court of Cebu City convicted Toring of murder as principal, found Berdon an accomplice, and found Berdin an accessory after the fact, imposing the penalties described in the lower court’s dispositive paragraph. All three accused appealed to the Sup...(Subscriber-Only)
Issues:
- Was Luis B. Toring’s killing of Samuel Augusto justified as defense of a relative under Article 11(3) of the Revised Penal Code?
- Was the killing committed with qualifying circumstance(s) such as treachery, and were conspiracy, evident premeditation, and nighttime established as aggravating circumstances?
- Was Diosdado Berdon proven to be an accomplice by supplying the knife?
- Was Carmelo Berdin proven guilty as an access...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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