Case Summary (G.R. No. 114143)
Factual Background
On the day of the incident, a woman vendor of "tuba" reported to market fee collector Dionisio Yap that Raul Basbanio had stolen her merchandise. Yap instructed her to report the matter to the police. Corporal Avancena intervened upon learning about the complaint. While on his way to the police station with Basbanio, they were confronted by the three defendants, who then attacked him. The assault involved multiple stabbings, resulting in Avancena's death from severe injuries.
Incident Description
The altercation began when the accused surrounded Corporal Avancena and attacked him with a butcher's knife and other weapons. Despite Avancena's attempt to protect himself and draw his firearm, he was overpowered, stabbed multiple times, and ultimately succumbed to his injuries shortly thereafter. Witnesses, including market-goers and a barrio lieutenant, observed the event and confirmed the sequence of attacks.
Law Enforcement Response
Following the attack, Patrolman Donato Aniversario responded to the scene and found Avancena's lifeless body. The assailants were encountered nearby, with blood on their clothes. Aniversario seized the murder weapon and took the defendants into custody. The investigation confirmed the details of the assault and outlined the circumstances leading to Avancena's death.
Autopsy Findings
Dr. Trinidad Lumampao conducted an autopsy on Corporal Avancena, revealing seven deep stab wounds that contributed to severe hemorrhage and shock, thus stating the cause of death. The findings indicated the complexity of the injuries, suggesting involvement from multiple assailants rather than a single perpetrator.
Defense Claims
Raul Basbanio claimed self-defense, asserting that he was assaulted and threatened by Corporal Avancena before the fatal stabbing took place. He maintained that he acted out of fear for his life after being confronted by the officer. The Alimodian brothers supported this narrative, denying their involvement in the stabbing and asserting that they tried to intervene.
Prosecution's Evidence
Despite the defense's claims, multiple eyewitnesses provided consistent and credible testimony indicating that all three defendants participated in the attack. Documentation and physical evidence, including the nature of the stab wounds and the testimonies from the police officers who apprehended them, contradicted the self-defense argument posited by the accused.
Legal Conclusion
The court determined that the crime committed amounted to murder with assault upon an agent of a person in authority, as outlined in Articles 248 and 148 of the Revised Penal Code. The circumstances surrounding the attack,
...continue readingCase Syllabus (G.R. No. 114143)
Case Background
- The case involves three defendants: Raul Basbanio, Reynaldo Alimodian, and Demetrio Alimodian, charged with the murder of Corporal Gonzalo Avancena, a policeman, committed with assault upon an agent of a person in authority.
- The crime occurred on March 28, 1958, in the municipality of Barotac Viejo, Iloilo, Philippines, during a market day, specifically around noon.
Incident Details
- A woman vendor of "tuba" approached Dionisio Yap, the market fee collector, complaining that Raul Basbanio had taken her product without payment.
- Yap advised the vendor to report the matter to the police, leading her to the police station to file a complaint.
- Witnesses observed Corporal Avancena confronting Basbanio, leading them towards the police station when they were suddenly attacked by the three defendants at a chicken stall.
Attack on Corporal Avancena
- The defendants surrounded Avancena, with Basbanio stabbing him in the front while Reynaldo and Demetrio Alimodian stabbed him from behind.
- Local barrio lieutenant Salustiano Bomaras attempted to intervene, shouting at the assailants, but they ignored him.
- Witness Dionisio Yap saw Avancena bleeding profusely and struggling to retain his revolver while being attacked.
- Avancena, despite his injuries, managed to stagger towards the police outpost but collapsed before reaching it, unable to communicate the identity of his assailants shortly before he died.
Arrest and Investigation
- Patrolman Donato Aniversario, on hearing about the incident, proceeded to the scene and enc