Case Summary (G.R. No. 181204)
Factual Antecedents
Following an incident where Diosdado Pido sustained 26 wounds from a gunshot, stabbing, and hacking assault, Edgar, Erlito, and Dolores Concillado were charged with murder on November 5, 2002. The crime occurred after Pido and his associate Lorenzo attended a fiesta, returning home around midnight when the attack took place. The prosecution argued that the accused conspired to commit the murder, while the defense claimed self-defense by Edgar.
Version of the Prosecution
The prosecution’s key witness was Lorenzo, who testified seeing Edgar shoot Pido and then attack him with a bolo, alongside Dolores and Erlito. The prosecution provided testimonies detailing Pido's injuries and asserted that there was a conspiracy among the accused who mutually aided each other in committing the crime. The prosecution's case was bolstered by corroborative documentation from a necropsy report.
Version of the Defense
The defense emphasized self-defense, alleging that Edgar acted to protect himself from an initial attack by Diosdado. Edgar, along with his wife Dolores and brother Erlito, presented witnesses who corroborated Edgar's presence at their home shortly before the incident, asserting that he was not alone. The defense also questioned the reliability of the prosecution's witnesses, asserting discrepancies in their testimony regarding the events of the night.
Ruling of the Regional Trial Court (RTC)
The RTC found all three accused guilty of murder, citing established conspiracy and the presence of evident premeditation as aggravating circumstances. It dismissed the claims of self-defense due to the nature and number of injuries sustained by the victim, which were inconsistent with the notion of acting solely in self-defense.
Ruling of the Court of Appeals
The Court of Appeals upheld some aspects of the RTC ruling but ultimately acquitted Erlito and Dolores of murder, finding the eyewitness testimony insufficiently credible. For Edgar, who admitted to inflicting the wounds, the CA ruled out evident premeditation and treachery, reducing the charge to homicide. Edgar's admission constituted a clear acknowledgment of guilt, shifting the burden of proof onto him regarding the self-defense claim.
Parties' Arguments on Appeal
The defense appealed on the grounds that Edgar's actions were justifiable under self-defense, emphasizing his claim of being under attack by Diosdado. The prosecution countered that the self-defense argument lacked clear and convincing evidence and maintained that murder, not homicide, should be the charge given the circumstances.
Our Ruling
The appeal was determined to lack merit. The ruling confirmed that once an accused admits to the killing yet claims self-defense, the burden of proof shifts to them. Edgar's assertion of self-defense could not be substantiated, as the evidence indicated no unlawful aggression from the victim. The court concluded that the nature of the injuries sustained by Diosdado contradicted Edgar's self-defense narrative.
The Crime Committed
It was determined that Edgar was guilty of homic
...continue readingCase Syllabus (G.R. No. 181204)
Facts of the Case
- The incident occurred in the early morning of August 24, 2002, in Barangay Guinciaman, San Miguel, Leyte.
- Victim Diosdado Pido was inflicted with 26 wounds (incised, stab, gunshot) causing instant death.
- Accused were Edgar Concillado, Erlito Concillado, and Dolores Concillado.
- They were charged with murder based on an information filed on November 5, 2002.
- The prosecution and defense presented witnesses and evidence including the necropsy report and testimonies.
- Edgar admitted inflicting wounds but claimed self-defense; Dolores and Erlito claimed alibi.
Prosecution's Case
- Witness Lorenzo saw Edgar shoot the victim from about 10 meters away.
- After the shooting, Dolores and Edgar stabbed the victim, Erlito hacked him.
- Lorenzo reported the incident to the barangay tanod.
- Sister of victim testified to funeral expenses of approximately P30,000.
- The necropsy report detailed extensive and severe wounds consistent with the attack.
Defense's Case
- Edgar treated for three superficial wounds on chest, collarbone, and left forearm.
- Edgar voluntarily surrendered to police admitting killing Diosdado with a bolo.
- Dolores claimed to have been sleeping and denied participation.
- Erlito claimed presence elsewhere (at a fiesta in another barangay) during the attack.
- Defense witnesses Undermined prosecution eyewitness credibility and portrayed surrender as voluntary.
Trial Court's (RTC) Ruling
- Found all three accused guilty of murder beyond reasonable doubt.
- Affirmed conspiracy among accused, finding evident premeditation and treachery.
- Disbelieved self-defense claim due to nature, number, and location of wounds on victim.
- Rejected Dolores and Erlito's alibi based on travel time and positive identification by Lorenzo.
- Sentenced accused to death penalty and awarded civil, moral, and exemplary damages totaling P125,000.
Court of Appeals (CA) Ruling
- Acquitted Dolores and Erlito due to lack of credible evidence linking them to the crime.
- Reduced Edgar's conviction to homicide for lack of evidence substantiating qualifying circumstances (treachery, premeditation).
- Found eyewitness Lorenzo's testimony dubious.
- Considered mitigating circumstance of voluntary surrender in sentencing.
- Deleted award of moral and exemplary damages but kept civil indemnity.