Case Summary (G.R. No. 212848)
Case Background
The petition for review contested the ruling of the Court of Appeals, which upheld the trial court's decision convicting the Cosme brothers for homicide and attempted homicide. The critical events leading to these convictions transpired on June 17, 2002, when the accused allegedly murdered Antonio Balinado and attempted to kill Pablito Punzalan.
Incident and Charges
The accused were charged in two separate cases:
- Criminal Case No. 02-10-493 for homicide, detailing the fatal shooting of Antonio Balinado.
- Criminal Case No. 02-10-494 for frustrated homicide, involving the non-fatal shooting of Pablito Punzalan.
Both cases were prosecuted based on the assertion that the Cosmes conspired to kill the victims using unlicensed firearms.
Prosecution's Case
The prosecution presented several witnesses who testified about the events leading to and during the shooting. Key testimonies included:
- Pablito Punzalan, who witnessed the attack and saw the Cosmes attacking Antonio.
- Lope Punzalan, who corroborated Pablito's account and reported that Antonio identified the Cosmes as his assailants.
- Medical professionals who confirmed the severity of Antonio's injuries and their fatal nature.
Defense's Argument
The defense contended that Antonio was the initial aggressor, having shot Pantaleon Cosme. Witnesses for the defense claimed that Isidro Cosme was not present at the time of the incident and denied involvement in the attacks, asserting that Antonio instigated the violence.
Trial Court's Decision
The trial court, after evaluating the testimonies, convicted Isidro, Fernan, and Fred for homicide, emphasizing their collective action against the victim. The court found that regardless of which individual delivered the fatal shot, their joint conduct fulfilled the requirements for conspiracy. Fernan was separately convicted of attempted homicide against Pablito.
Court of Appeals' Ruling
The Court of Appeals affirmed the trial court's ruling and regarded Antonio's statements made shortly after his injury as dying declarations, lending credence to the prosecution's case. The appellate court also took into consideration the consistent accounts of other witnesses.
Supreme Court's Ruling
The Supreme Court dismissed the petition, agreeing that the petitioners' guilt for the crimes charged was convincingly established by the prosecution's evidence. The Court reiterated the principle that in a conspiracy, the act of one is the act of all, which was applicable given the coordinated attack on Antonio. The Court also upheld Fernan's conviction for the attempted homicide of Pablito as he was clearly identified as the shooter du
...continue readingCase Syllabus (G.R. No. 212848)
The Case
- This petition for review challenges the Decision dated November 29, 2013, and the Resolution dated June 5, 2014, of the Court of Appeals in CA-G.R. CR No. 33692.
- The Court of Appeals confirmed the July 28, 2010 Decision of the Regional Trial Court of Tanauan City, Batangas, Branch 6.
- Petitioners Isidro Cosme, Fernan Cosme, and Fred Cosme were found guilty of homicide in Criminal Case No. 02-10-493 and Fernan was found guilty of attempted homicide in Criminal Case No. 02-10-494.
The Facts
- Isidro, Fernan, and Fred were charged with Homicide and Frustrated Homicide in two separate cases.
- Criminal Case No. 02-10-493 outlined that on June 17, 2002, at approximately 7:30 PM, the accused attacked Antonio Balinado (real name: Florentino Balinado) using unlicensed firearms, leading to his death.
- Criminal Case No. 02-10-494 described an attack on Pablito Punzalan, who suffered injuries but survived due to medical intervention.
The Version of the Prosecution
- Six witnesses testified for the prosecution, including Pablito Punzalan and others.
- Pablito witnessed an argument between Antonio and Fernan prior to the shooting; he saw the accused assault Antonio afterward.
- Multiple witnesses provided accounts of the events leading to Antonio's death and Pablit