Case Summary (G.R. No. 110029-30)
Charges and Sentencing
The trial court convicted the accused-appellants of arson under Criminal Case No. 9463, sentencing them to an indeterminate penalty of four years and two months of prision correccional, as minimum, to eight years and one day of prision mayor, plus a P500 indemnity to Arsenio Acabo. In Criminal Case No. 9474, for murder, they received the penalty of reclusion perpetua and were ordered to indemnify Joedex Acabo's heirs P50,000.
Prosecution's Allegations
The prosecution alleged that on the night of December 23, 1989, accused-appellants, conspired to set fire to Arsenio Acabo's house while it was occupied, and subsequently shot Joedex Acabo. Evidence included witness testimonies and a death certificate confirming Joedex's death due to gunshot wounds.
Testimonies and Evidence
Prosecution witnesses Arsenio and Mario Wellan Acabo provided firsthand accounts of the events. Arsenio testified he saw Gargar wielding a bolo while Gamboa fired at their house, while Mario witnessed Gamboa shooting Joedex. The firearm used was established to belong to Gamboa. A torch made of dried coconut leaves was discovered near the house, linking the appellants to the arson.
Defense Arguments
The defense argued that the testimonies of the prosecution witnesses were inconsistent and unreliable. Appellant Gargar claimed he was home caring for his family during the incident, while Gamboa stated he was at a distant CAFGU outpost. They asserted that the evidence was insufficient to convict them of the crimes charged, particularly regarding arson.
Trial Court's Findings
The trial court rejected the defenses of alibi provided by both appellants, citing their proximity to the crime scene and the established timeline of events. The court found sufficient circumstantial evidence indicating the accused participated in the conspiracy to commit arson and murder.
Appeals and Rulings
On appeal, the accused-appellants contended that the evidence presented was insufficient, and the alleged conspiracy was not conclusively proven. The appellate court d
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Case Overview
- The accused-appellants Eleuterio Gargar and Jaime Gamboa appeal the decision of the Regional Trial Court of Dumaguete City, Branch 37, convicting them of arson and murder.
- The conviction arises from incidents on December 23, 1989, involving the burning of Arsenio Acabo's house and the fatal shooting of his son, Joedex Acabo.
- The trial court sentenced Gargar and Gamboa to four years and two months to eight years and one day of imprisonment for arson and reclusion perpetua for murder, alongside monetary indemnification to the victims.
Charges and Informations
Criminal Case No. 9463 (Arson):
- Charged with unlawfully setting fire to Arsenio Acabo's residential house using an improvised torch.
- The act was committed knowing the house was occupied, resulting in damages of P500.00.
Criminal Case No. 9474 (Murder):
- Charged with the willful and unlawful killing of Joedex Acabo with evident premeditation and treachery.
- The injuries inflicted from gunshots led to Joedex Acabo’s instantaneous death.
Background of the Incident
- On the night of December 23, 1989, Arsenio Acabo and his family were at home when they were awakened by barking dogs and smoke from a fire.
- Arsenio saw five men, including Gargar and Gamboa, near his burning house, one of whom shot at him, injuring his foot.
- Joedex, trying to extinguish the fire, was shot and fell from the roof, resulting in his death.
Prosecution Evidence
Witness Testimonies:
- Arsenio Acabo identified Gargar and Gamboa as among the assailants, testifying about their presence and actions during the incident.
- His son, Mario Wellan Acabo, corroborated the event, identifying Gamboa as the shooter.
Medical Evidence:
- Joedex's death certificate confirmed he died from