Title
People vs. Alincastre y Nabor
Case
G.R. No. L-29891
Decision Date
Aug 30, 1971
Mayor James Gordon assassinated by Nenito Alincastre in 1967, orchestrated by ex-police chief Mamerto Lorenzo; conspirators convicted, Nenito testified co-defendants, all sentenced for murder conspiracy.

Case Summary (G.R. No. 227146)

Applicable Law

The applicable law in this case stems from the Revised Penal Code of the Philippines, which addresses the definitions and penalties associated with crimes including murder.

Factual Background

On February 20, 1967, James L. Gordon was shot and killed by Nenito Alincastre at the Olongapo City Hall. Evidence revealed that Alincastre, prior to the murder, escaped from prison with assistance from the other defendants, who were involved in a conspiracy to assassinate the Mayor, primarily motivated by revenge and aspirations for power.

Course of Proceedings and Convictions

The Court of First Instance of Zambales found Alincastre guilty of murder, qualifying the crime with treachery and other aggravating circumstances. Alincastre was sentenced to death, along with Mamerto Lorenzo and Pablo Salcedo, who were also deemed principal offenders. Rogelio Lorenzo was classified as an accomplice. All defendants were held liable for jointly indemnifying the heirs of the deceased.

Testimony and Reopening of Trial

During proceedings, Nenito Alincastre initially pleaded guilty but later sought to testify against his co-defendants, stating that his actions were part of a larger conspiracy devised by Mamerto Lorenzo. The court reopened the trial for his testimony, which the appellants argued was prejudicial, claiming they were denied due process. However, it was held that the testimony pertained to all defendants, as they were jointly tried.

Conspiracy and Motivation

Evidence demonstrated that Nenito Alincastre had no personal motive to kill Mayor Gordon, as he had barely met him. Instead, the assassination was orchestrated by Mamerto Lorenzo as a means to regain power lost after Gordon's mayoral ascent. Meetings prior to the murder detailed plans, and financial rewards for Alincastre were discussed, establishing clear motives influenced by previous job losses and local political strife.

Role of Each Defendant

Each defendant had specific roles in the conspiracy; Nenito executed the assassination, while Mamerto and Pablo provided the resources and logistical support, notably giving him weapons. Rogelio’s actions included signaling during the assassination attempt, ensuring its successful execution.

Penalties and Mitigating Circumstances

The court established various aggravating factors during sentencing, including evident premeditation and disregard for the victim's status, despite some arguments for mitigating factors like Alincastre’s plea and voluntary surrender. It was ultimately decided that such mitigating circumstances did not outweigh the severe aggravating factors.

Credibility and Evidence Assessment

The trial court evaluated the credibility of testimonies, finding the prosecution's evidence compelling and the defense's claims of duress unconvincing. The consistent narratives from witnesses and their corroboration,

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