Title
People vs. Carbornal
Case
G.R. No. L-3234
Decision Date
Jan 19, 1907
In 1902, defendants Marcelo and Luis Carbornal, armed and aided by others, manacled and killed Domingo Margallo, his family, and two elderly individuals in Cebu to silence them about a prior robbery. The Supreme Court found them guilty of murder with treachery and group action, imposing the death penalty.
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Case Digest (G.R. No. L-3234)

Facts:

  1. Parties Involved:

    • Defendants: Marcelo Carbornal and Luis Carbornal.
    • Victim: Domingo Margallo, his wife, four children, and two other elderly individuals.
  2. Crime Committed:

    • The defendants, along with other unknown individuals, were charged with the crime of murder.
  3. 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.
  4. Motive:

    • The only apparent motive was to prevent the victims from reporting a robbery committed by the defendants earlier that night.
  5. 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:

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Ruling:

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Ratio:

  1. 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).
  2. 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.
  3. 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.


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