Case Summary (G.R. No. 166040)
Facts of the Case
The Information against the accused-appellants alleges that on the night of March 13, 1995, the appellants, acting in conspiracy, treacherously attacked Rudy de Juan, resulting in his death. The attack involved the use of firearms and a sharp weapon, while Rudy was walking home from a dance party with his wife and another relative.
Proceedings and Testimonies
Upon their arrest, the accused filed several motions, including a motion for bail and a motion to quash the warrant for their arrest, which were denied. During trial, witnesses presented by the prosecution, including the victim's widow Marilou de Juan and a relative Herminia Nazareno, testified clearly identifying the appellants as those who attacked Rudy. The prosecution established that moments prior to the attack, Rudy had no intention of confronting anyone, highlighting the suddenness of the attack.
Evidentiary Findings
The testimonies corroborated different elements of the crime, such as the attackers being armed and lying in wait for the victim. Testimony from law enforcement and medical personnel provided insights into the crime scene and the cause of death, detailing gunshot and hack wounds on Rudy's body. The prosecution demonstrated a clear sequence of events leading to the tragic outcome.
Defense Arguments
The defense asserted that the appellants were at a fishpond at the time of the incident, providing an alibi. However, the court found that the credibility of their witnesses did not outweigh the strong identification by the prosecution's witnesses. The proximity of the fishpond to the scene, approximately 500 meters, further undermined their alibi.
Court Findings on Conspiracy and Treachery
The court noted that conspiracy was evident through the coordinated actions of the appellants before and during the assault, showcasing a shared intention to harm Rudy. The demonstrated premeditation, in conjunction with the mode of attack—shooting Rudy and then stabbing him—qualifies the killing as murder under the law.
Appellants’ Sentences and Their Positions
The trial court sentenced ELMER and ROLANDO, SR. to reclusion perpetua, while JAIME received a lesser sentence due to his age. The trial court recognized Jaime's minority, applying Article 68 of the Revise
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Case Overview
- The case involves the appeal of three accused-appellants: Elmer Bolivar y Moyco (ELMER), Rolando Malinao y Llenas (ROLANDO, SR.), and Jaime Malinao y Gabuna (JAIME) against their conviction for murder by the Regional Trial Court of Odiongan, Romblon.
- The conviction was rendered on May 9, 1997, where ELMER and ROLANDO, SR. were sentenced to reclusion perpetua, while JAIME received an indeterminate penalty of prision mayor to reclusion temporal.
- The case centers around the killing of Rudy de Juan on March 13, 1995.
Facts of the Case
- The incident occurred in Sitio Kawit, Barangay Camandag, Looc, Romblon, after Rudy attended a dance party with his wife, Marilou.
- A quarrel occurred between Rudy's cousin, Boyet de Juan, and Rolando, Jr., prior to the attack.
- As Rudy and his group walked home, they were approached by ROLANDO, SR. and his accomplices, who were armed.
- ROLANDO, SR. shone a flashlight on Rudy, while ELMER and JAIME shot him, resulting in multiple gunshot wounds and a subsequent stabbing by JAIME.
- Witnesses included Marilou de Juan, Herminia Nazareno, Johnny Mariano, and police officers who discovered Rudy's body later that night.
Trial Proceedings
- The trial began after the filing of the information against the accused on September 19, 1995.
- The prosecution presented several eyewitnesses who te