Title
People vs. Llamera
Case
G.R. No. L-21604-5-6
Decision Date
May 25, 1973
Land dispute between Degamos and Llameras escalated into an ambush; Degamo brothers killed. Llameras claimed self-defense, but court ruled murder due to treachery, conspiracy, and lack of evidence for self-defense. Rubencio acquitted, Coleto dismissed post-death.

Case Summary (G.R. No. 209479)

Relevant Facts and Incident Details

On December 9, 1962, the Degamo brothers were fatally shot and subsequently stabbed by the appellants. The incident occurred after a series of conflicts over a riceland that the Llameras had unlawfully occupied, which led to previous legal actions initiated by the Degamo family for their repossession. Witnesses provided critical accounts of the attack, detailing how Coleto Llamera shot the Degamo brothers from the window of a house, while Tomas and Gerardo Llamera approached to inflict additional harm with bolos.

Law and Charges

The appellants were charged with multiple counts of murder under the Revised Penal Code of the Philippines, with aggravating circumstances considered. The trial court initially convicted all appellants, sentencing Tomas, Gerardo, and Coleto Llamera to reclusion perpetua, while Rubencio Llorca's involvement was also scrutinized.

Death of Coleto Llamera

During the pendency of the appeal, Coleto Llamera passed away in prison due to enteritis on October 19, 1972, leading to the dismissal of the case against him in relation to his criminal liability.

Trial Proceedings

The trial court conducted a joint trial for the accused. Following the prosecution's presentation of the evidence, the case against Romualda Llorca was dismissed. The detailed testimonies from both the prosecution and the defense shaped the trial outcome, portraying a sequence of events marked by conflict, aggression, and fatal consequences.

Defense Arguments

The defense contended that the deaths resulted from a mutual fight initiated by the Degamo brothers, arguing mitigating circumstances for Tomas and Gerardo Llamera, including voluntary surrender. The defense also asserted that Rubencio Llorca should not be liable as there was no evidence of his direct participation or conspiracy with the other appellants.

Prosecution Evidence

The prosecution presented substantial evidence, including eyewitness accounts and medical examinations, which established that the victims suffered both gunshot and stab wounds. The medical examination disclosed the precise causes of death and corroborated eyewitness accounts about the nature of the attack.

Outcome of the Appeal

The appellate court scrutinized the evidence and the claims made by the defense. The court held that the killing exhibited treachery due to the surprise attack on the victims. It distinguished the roles of the appellants, affirming that Tomas and Gerardo Llamera directly participated in the commission of the murders while questioning Rubencio Llorca's involvement.

Final Rulings and Sentencing

The conviction of Tomas and Gerardo Llam

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