Case Summary (G.R. No. 43816)

Background of the Case

• The case involves seven appellants accused of the murder of Simplicio Tomandao.
• The trial court found the appellants guilty of homicide, imposing penalties ranging from eight years and one day of prision mayor to fourteen years, eight months, and one day of reclusion temporal.
• The appellants were also ordered to indemnify the heirs of the deceased in the amount of P1,000 and to pay the costs.

Arguments Presented

• The defense attorney argued that the evidence was insufficient to support the trial court's decision.
• The Solicitor-General contended that the appellants were guilty of murder and recommended life imprisonment for all seven defendants.

Incident Description

• The incident occurred during a gambling game in the barrio of Tagkip, Burauen, where a dispute arose between Eusebio Bueno and Romualdo Idara.
• Simplicio Tomandao intervened, which led to a confrontation with Bueno, resulting in Bueno and Felix Sosing leaving together.
• Later, Sosing and six co-defendants confronted Tomandao at Felix Cuizon's house, armed with a shotgun and a bolo.

Sequence of Events Leading to the Homicide

• Upon entering Cuizon's house, Sosing pointed a shotgun at Tomandao, who fled.
• Eulogio Espenilla then stabbed Tomandao in the abdomen, followed by Sosing striking him on the head, and the other defendants attacking him with sticks and bolos, leading to Tomandao's death.

Defense Testimony

• The defense claimed that Sosing was investigating illegal cockfighting, as he was an agent of the Government.
• Sosing asserted that he confronted Cuizon about the alleged cockfighting, which led to Tomandao's aggressive response.
• Espenilla claimed he acted in self-defense during the confrontation with Tomandao.

Trial Court's Findings

• The trial court favored the prosecution's evidence, noting the numerous wounds on Tomandao's body indicated multiple aggressors rather than a single act of self-defense.
• The court found no evidence of conspiracy or premeditation among the defendants, concluding that the crime committed was homicide without aggravating circumstances.

Evaluation of Evidence

• The court expressed skepticism regarding the prosecution's theory, particularly the alleged motive for the attack.
• The testimonies of Cuizon and Luanco were deemed unreliable, especially considering Tomandao's relationship with Cuizon and the absence of evidence linking the other five defendants to the incident.

Conclusion on Self-Defense Claim

• Espenilla's claim of self...continue reading