Case Summary (G.R. No. L-12449)
Summary of Events
On the evening of May 29, 1955, Francisco Hervas was shot and killed while investigating a noise in his cornfield. His widow, Concepcion Laserna, reported the incident to relatives, including Inocencio Hervas, who assisted in burying Francisco without a proper investigation. The following day, the Philippine Constabulary exhumed the body, discovering multiple gunshot wounds. Investigation revealed conflicting testimonies that implicated Inocencio and Marcelo Hervas in the crime.
Investigative Findings
Witness statements collected during the investigation were pivotal. Concepcion identified Espiridion Alido as the shooter, later affirming that Inocencio fired the fatal shot, accompanied by Alido and Marcelo. Despite the initial claim of uncertainty, the severity of Francisco's injuries and the presence of fear during the testimonies indicated potential coercion exerted by Inocencio on Concepcion.
Accused's Testimonies
Inocencio Hervas contended he was engaged in activities unrelated to the crime, while Marcelo maintained he was away during the event. Both accused argued that the testimonies against them stemmed from misinformation or manipulation by external parties. Marcelo’s defense was centered on supposed animosity from others regarding land disputes involving the deceased.
Trial Proceedings
During the trial, both Concepcion and her son, Demetrio Hervas, provided consistent accounts of witnessing the attack. Their testimonies were further supported by observations from Sgt. Pelagio Agraviador, who highlighted the influence of fear on Concepcion's initial statements. The trial court noted that prior relationships among the involved parties did not preclude suspicion, given the immediate context of the crime.
Court's Findings and Conclusion
The court found that the evidence established Inocencio and Marcelo Hervas' involvement in the murder of Francisco Hervas. It identified the act as murder, marked by treachery, as the victim was taken unaware and could not defend himself. Although Alido's co
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Case Background
- The case involves an appeal from a decision by the Court of First Instance of Iloilo, presided over by Hon. F. Imperial Reyes.
- Defendants Inocencio Hervas and Marcelo Hervas were found guilty of the murder of their cousin, Francisco Hervas, and sentenced to reclusion perpetua.
- Co-defendant Esperidion Alido received a lesser sentence and did not appeal.
- The events leading to the murder occurred on May 29, 1955, in the barrio of Dagami, Municipality of Maasin, Province of Iloilo.
Incident Details
- On the evening of May 29, Francisco Hervas was shot while attempting to investigate a noise in his cornfield.
- The shot struck him in the chest, resulting in his immediate death.
- The next day, the victim's widow, Concepcion Laserna, sent their eldest child, Ofelia, to inform nearby relatives, including Inocencio Hervas.
Exhumation and Investigation
- Following the widow's report, the Philippine Constabulary exhumed the body, revealing nine pellet holes in the remains.
- Concepcion Laserna identified Espiridion Alido as the shooter in a subsequent statement to the authorities.
Witness Testimonies
- Witnesses included Concepcion Laserna, who asserted she recogn