Case Summary (G.R. No. 191261)
Charges and Arraignment
On February 17, 1967, both defendants were arraigned. They entered a plea of not guilty to the charges, which stemmed from an incident where Atty. Sudiacal was allegedly shot multiple times by Dionisio Bastasa in a premeditated and treacherous manner.
Trial and Judgment
Following the trial, on July 16, 1970, the court found Dionisio Bastasa guilty of murder, citing evident premeditation, but recognized his voluntary surrender as a mitigating circumstance. He was sentenced to reclusion perpetua and ordered to pay substantial damages to the heirs of Sudiacal, while Virginia Bastasa was acquitted as an accessory after the fact due to her relationship with the principal offender.
Appeal and Grounds
Dissatisfied with the trial court's decision, Dionisio Bastasa filed an appeal. His arguments included a claim that the trial court failed to apply Article 247 of the Revised Penal Code concerning circumstances under which a spouse may be justified in killing an adulterer.
Evidence and Testimonies
The prosecution's evidence included witness accounts of the shooting, as well as physical evidence from the crime scene. The defense presented Dionisio Bastasa's account, asserting that he killed Sudiacal upon discovering him having an illicit affair with Virginia. The circumstances described involved Dionisio allegedly witnessing the act and acting out of jealousy or rage.
Judicial Analysis
The Solicitor General, reviewing the case, found that Dionisio's narrative was credible and suggested that it supported the application of Article 247. The article provides that a legally married person who kills their spouse and the other party found in the act of sexual intercourse should be penalized less severely under certain circumstances.
Modification of Sentencing
Upon review, the court agreed with the observations made by the Solicitor General and modified the sentencing to reflect that the killing occurred under circumstances justifying a l
...continue readingCase Syllabus (G.R. No. 191261)
Case Overview
- The case involves the spouses Dionisio Bastasa (defendant-appellant) and Virginia Bastasa, charged with the murder of Atty. Solomon Sudiacal.
- The incident occurred on the evening of December 2, 1966, in Dipolog, Zamboanga del Norte.
- The prosecution alleged that the accused conspired and acted together to kill Sudiacal with evident premeditation and treachery.
Charges and Pleas
- On February 17, 1967, both accused entered a plea of not guilty.
- The trial commenced thereafter, with both parties presenting evidence.
Trial Court Decision
- On July 16, 1970, the trial court found Dionisio Bastasa guilty of murder, while Virginia Bastasa was deemed an accessory after the fact and acquitted.
- Dionisio was sentenced to reclusion perpetua, ordered to pay damages to the heirs of the victim, and was given credit for preventive imprisonment.
Grounds for Appeal
- Dionisio Bastasa appealed the trial court's decision, arguing that the court failed to apply Article 247 of the Revised Penal Code in determining the penalty.
Prosecution Evidence
- The prosecution's evidence detailed the events leading to Sudiacal's death, including:
- Sudiacal was last seen with his wife in their drug store before leaving to visit the Bastasa residence.
- Witnesses heard gunshots from the Bastasa home and observed Sudiacal attempting to flee while being sh