Case Digest (G.R. No. L-3234)
Facts:
In the case of The United States vs. Marcelo Carbornal and Luis Carbornal, the defendants were charged with murder in the Court of First Instance of Cebu. The incident occurred in 1902 in the barrio of Cansomoroy, Balamaban, Cebu. The defendants, armed with revolvers, lances, and pinutes, along with other unidentified individuals, entered the residence of Domingo Margallo during the nighttime. They forcibly restrained Margallo, his wife, four children, and two elderly individuals present in the house by manacling them. Subsequently, they abducted these individuals to a nearby location where they executed Domingo Margallo, three of his children, and the two elderly persons. Margallo's wife managed to escape during the attack, while one of the children, Francisco Margallo, was seriously injured but feigned death to survive. The defendants also committed robbery in the house...
Case Digest (G.R. No. L-3234)
Facts:
Parties Involved:
- Defendants: Marcelo Carbornal and Luis Carbornal.
- Victim: Domingo Margallo, his wife, four children, and two other elderly individuals.
Crime Committed:
- The defendants, along with other unknown individuals, were charged with the crime of murder.
Circumstances of the Crime:
- In 1902, the defendants, armed with revolvers, lances, and pinutes, entered Domingo Margallo’s house in Cansomoroy, Balamaban, Cebu, during the nighttime.
- They manacled Domingo Margallo, his wife, four children, and two elderly individuals.
- The victims were taken out of the house to a nearby location, where Domingo Margallo, three of his children, and the two elderly individuals were killed.
- Domingo’s wife managed to escape during the attack.
- One child, Francisco Margallo, was seriously wounded but survived to testify in court.
Motive:
- The only apparent motive was to prevent the victims from reporting a robbery committed by the defendants earlier that night.
Evidence of Premeditation and Treachery:
- The manacling of the victims and their subsequent killing demonstrated premeditation and treachery.
- The crime was committed with the aggravating circumstances of alevosia (treachery) and cuadrilla (acting in a group).
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
Murder with Aggravating Circumstances:
- The crime was qualified as murder due to the presence of treachery (alevosia) and premeditation.
- The manacling of the victims and their subsequent killing while defenseless demonstrated treachery.
- The crime was further aggravated by the fact that the defendants acted in a group (cuadrilla).
Penalty:
- Under Article 403 of the Penal Code, the maximum penalty for murder with aggravating circumstances is death.
- The Supreme Court imposed the death penalty, reversing the lower court’s sentence of cadena perpetua.
Evidence:
- The testimony of Francisco Margallo, the surviving child, provided clear and convincing evidence of the defendants’ guilt.
- The facts were proven beyond reasonable doubt, leaving no room for acquittal or a lesser penalty.