Case Summary (A.M. No. RTJ-94-1131)
Incident Details
On the evening of September 30, 1969, Rufo Cote and his relative Alice Depalco were riding a bicycle heading to the beach when they encountered Abletes and Pamero at a corner near a lighted house. As the two attackers ambushed them, Pamero seized the bicycle handlebar, allowing Abletes to stab Cote, who subsequently fell to the ground and later succumbed to his injuries. Eyewitnesses, including Zosimo Nabelgas and Victor Abadilla, were present during the attack and assisted in bringing Cote to his home.
Preliminary Investigation and Arrest
Following the incident, a murder complaint was swiftly filed by the Chief of Police. Nabelgas and Depalco provided crucial testimonies detailing the attack. Abletes surrendered to authorities the night of the murder, while Pamero initially concealed his whereabouts but was later apprehended.
Trial Proceedings
The trial included testimonies from several witnesses, with Pamero claiming an alibi that was contradicted by his familiarity with the victim and the context of the attack. Abletes asserted a defense of self-defense, alleging that he was attacked by Cote, which the trial court found implausible given the evidence presented.
Court's Findings
The trial court described Abletes’ claim of self-defense as incredible, highlighting the credible and consistent testimonies of the prosecution witnesses. The court determined that the actions of Abletes and Pamero demonstrated intent to kill due to their coordinated assault on Cote, constituting conspiracy and treachery.
Legal Issues of Treachery and Mitigating Circumstances
The prosecution established that the killing was premeditated, executed with treachery as Cote was ambushed unexpectedly, providing him no opportunity to defend himself. While both defendants proffered arguments regarding mitigating circumstances, such as voluntary surrender and lack of education, the court maintained that thes
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Case Overview
- This case involves a criminal trial for murder, where the appellants, Victor Abletes and Julio Pamero, were accused of the stabbing death of Rufo M. Cote on September 30, 1969, in Giporlos, Eastern Samar.
- The trial court convicted both appellants of murder, sentencing them to life imprisonment and ordering them to indemnify Cote's heirs.
Facts of the Case
- The incident occurred around twilight, after the Angelus was rung, when Cote and his relative, Alice Depalco, were riding a bicycle toward the beach.
- The appellants, both local farmers, had been waiting for Cote near the house of Venan Castillo.
- Pamero seized the bicycle's handlebars, causing Cote to fall, at which point Abletes stabbed him, leading to Cote's death two hours later.
- Witnesses Zosimo Nabelgas and Victor Abadilla observed the stabbing and later provided testimony.
Circumstances Surrounding the Stabbing
- The motive for the attack was identified as a personal grudge stemming from an inconclusive duel between Cote and Abletes twelve days prior.
- The stabbing was characterized as intentional, with evidence showing that the fatal wound was inflicted on Cote's right chest, penetrating the lung and causing severe hemorrhage.
- After the incident, Abletes surrendered to the police, while Pamero initially went into hiding, only to be arrested later.
Testimonies and Evidence
- Alice Dep