Title
People vs. Aleta
Case
G.R. No. L-40694
Decision Date
Aug 31, 1976
Aleta and Encarnacion killed Tottoc after a card game dispute; Aleta shot him treacherously, Encarnacion fired while he was down.

Case Summary (G.R. No. 75369)

Charges and Initial Proceedings

Aleta and Encarnacion were convicted of murder by the Court of First Instance of Quirino, which sentenced both to reclusion perpetua and to indemnify Tottoc's heirs with P55,000 in damages. Encarnacion later expressed a desire to withdraw his appeal to enjoy the advantages of being a convicted prisoner, despite his claims of innocence.

Evidence Presented

The prosecution's evidence indicated that the incident took place around 8-9 PM on December 13, 1971, during a card game. Tottoc, who was the hospital's disbursing officer, was shot by Aleta after Aleta had a confrontation with Tottoc regarding unpaid bets from a previous game. Eyewitnesses noted how Aleta initially disarmed Tottoc and shot him point-blank in the abdomen, and how Encarnacion later intervened by shooting Tottoc while he was on the ground.

Autopsy Details

An autopsy performed on Tottoc revealed multiple gunshot wounds, including a grave abdominal injury leading to internal hemorrhage, which was determined to be the cause of death. This forensic evidence corroborated eyewitness accounts of the events during the shooting.

Defense Claims

The defendants offered various defenses, arguing a lack of intent to kill and questioning the credibility of prosecution witnesses. Aleta claimed that he attempted to intervene in an altercation between Tottoc and another individual. Encarnacion supported Aleta's narrative but denied any responsibility for Tottoc's death.

Court Findings

The trial court's determination that Aleta acted with treachery was based on the sudden and unexpected nature of the assault. The court emphasized that Aleta's actions involved a calculated disarmament of Tottoc followed by a lethal attack, demonstrating a clear intention to kill. The court found Aleta guilty of murder while evaluating Encarnacion’s actions as an extension of Aleta’s assault.

Conspiracy and Joint Participation

Further analysis revealed that Encarnacion and Aleta acted in concert with a common purpose. The evidence indicated that Encarnacion's actions were not merely one of camaraderie, but part of a joint venture to kill Tottoc, as he had physically participated in the shooting after Aleta disarmed Tottoc.

Sentencing and M

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