Case Summary (G.R. No. L-22946)
Allegations and Incident Details
The prosecution alleged that on the incident date, both accused conspired to kill Ananias Bano using bolos, inflicting eight wounds, two of which were fatal. Following a pilgrimage to a local chapel, Bano and his common-law wife were suddenly attacked by the Divas. Maximo confronted Bano with a bolo, while Cesaria attacked from behind. The evidence indicated that Bano, despite retreating and defending himself, sustained severe injuries.
Medical Findings and Outcome
According to the autopsy conducted by Dr. Edilberto Olitres, Bano died from fatal wounds to the chest and neck, resulting in hemorrhaging and internal organ damage. Post-attack, the accused fled the scene, with Maximo eventually turning himself in to authorities the following day, suggesting awareness of the legal implications of his actions.
Defense Claims
Maximo Diva admitted to killing Bano but claimed self-defense, asserting that he was ambushed by Bano. Cesaria contended she did not participate in the attack. However, the trial court found their accounts inconsistent and lacking sufficient evidence of self-defense.
Trial Court's Findings
The trial court ultimately found both accused guilty of murder and sentenced them to reclusion perpetua, determining that evident premeditation, treachery, and conspiracy were present in their actions. The court also noted Maximo’s flight as indicative of guilt, notwithstanding his voluntary surrender, viewing it as an act of fleeing rather than compliance.
Appeals and Assignments of Error
On appeal, the Divas challenged multiple facets of the trial court's findings, including the presence of evident premeditation, denial of mitigating circumstances, alleged conspiracy, and the credibility of witness testimony. The appellate court scrutinized these claims, noting that the trial court had effectively assessed the evidence and credibility, leading to an affirmation of guilt for Maximo.
Modification of Judgment
After thorough review, it was concluded that while Maximo was guilty of homicide, the conviction was to be amended to reflect the circumstances of voluntary surrender, lea
...continue readingCase Syllabus (G.R. No. L-22946)
Case Overview
- The case involves the murder charge against Maximo Diva and Cesaria Diva for the death of Ananias Bano, occurring on June 3, 1962.
- The prosecution claimed the accused acted with evident premeditation, treachery, and took advantage of superior strength in the attack.
- The incident occurred at the junction of a provincial road and a trail leading to the accused's house in barrio Santiago, San Francisco, Cebu.
Background of the Parties
- Ananias Bano was a resident of barrio Himinsolan and was married to Alejandra Diva Aclon, the daughter of Teodora Diva de Aclon, who is related to Maximo Diva.
- After the death of his first wife in 1958, Bano took Justa Senor as his common-law wife.
- A boundary dispute arose between Ananias Bano and Maximo Diva in 1961 over adjoining lands, leading to a pending court case at the time of the incident.
Incident Details
- Prior to the fatal encounter, Ananias Bano had previously been ambushed by Maximo Diva and his brother in September 1961 but escaped serious harm.
- On June 3, 1962, after attending a pilgrimage, Bano and his wife were attacked by the accused as they returned home.
- Maximo Diva was armed with a bolo, while Cesaria Diva wielded both a bolo and a 'sangalab' (a type of scythe).
- The attack resulted in Bano sustaining eight wounds, two of which were fatal, leading to his death from hemorrhage and internal injuries.
Medical Evidence
- Dr. Edilberto Olitres conducted the autopsy and documented the numerous wounds sustained by the victim,