Case Summary (G.R. No. L-44444-45)
Case Background
On September 9, 1974, Alfonsa Patnon was attacked in her home in Oring, Sta. Maria, Mansalay, Oriental Mindoro. She, along with her son Romeo, daughter-in-law Ofelia, and her grandchild, was attacked by Gregorio Pacada Jr. and Avelino Pacada, who hacked her with bolos. Romeo was also attacked and succumbed to his injuries shortly after being admitted to the hospital. The attack allegedly followed a prior land dispute instigated by Alfonsa against Cesario Maur, who is related to the accused.
Prosecution's Evidence
The prosecution presented three key witnesses: Alfonsa Patnon, the main victim, her daughter-in-law Ofelia, and her son Nathaniel. Alfonsa testified that she recognized Gregorio Pacada Jr. and Avelino Pacada, having known them for several years, and that the attack happened suddenly as she verified the identity of two figures running toward her kitchen. Ofelia corroborated this testimony, stating she recognized the attackers as they assaulted her family. Nathaniel also supported their claims, mentioning he witnessed the attack from outside the house.
Defense's Position
The defense rested on alibi, claiming both Gregorio and Avelino were at home during the time of the incident. Avelino stated he was with his family in prayer, while Gregorio claimed he did not leave his house that night. Both testified their whereabouts would make it physically impossible to commit the crime.
Trial Court's Findings
The Trial Court found Gregorio Pacada Jr. and Avelino Pacada guilty of murder and frustrated murder, qualifying the murder with treachery and evident premeditation due to the nature of the attack. While Gregorio Pacada Sr. and Cesario Maur were acquitted, the court sentenced the two appellants to death for murder and to an indeterminate prison term for frustrated murder.
Appeal and Court's Analysis
On appeal, the appellants challenged the trial court's belief in the prosecution’s evidence, the rejection of their alibi, and the imposition of the death penalty. However, the reviewing court confirmed the positive identifications made by Alfonsa, Ofelia, and Nathaniel, considering their long-term familiarity with the appellants. The court refuted the defense claims of alibi, emphasizing that it did not establish their impossibility to be at the crime scene.
Legal Qualities of the Crime
The reviewing court concluded that the murder was indeed committed with treachery, noting that the victims were unprepared for the attack, qualifying the crime as murder under Article 248 of the Revised Penal Code. Although the trial court had initially considered evident premeditation, the review suggested that the evidence did not sufficiently satisfy the necessary elements to sustain such a finding. The court modified the penalties for the appellants due to the insufficiency of votes for the death
...continue readingCase Syllabus (G.R. No. L-44444-45)
Case Background
- The case involves a joint decision from the Court of First Instance of Oriental Mindoro, Branch II, Pinamalayan, regarding Criminal Case No. P-639 for Murder and Criminal Case No. P-640 for Frustrated Murder.
- Accused: Gregorio Pacada, Jr. and Avelino Pacada were convicted and sentenced to death for Murder and an indeterminate prison term for Frustrated Murder. Gregorio Pacada, Sr. and Cesario Maur were acquitted.
- Incident Date: September 9, 1974, at approximately 8:00 PM, in the residence of Alfonsa Patnon in Oring, Sta. Maria, Mansalay, Oriental Mindoro.
Incident Description
- Alfonsa Patnon, along with her son Romeo, daughter-in-law Ofelia, and her grandchild, was awakened by barking dogs and saw two individuals near their kitchen.
- Alfonsa lit a lamp and was immediately attacked by Avelino Pacada and Gregorio Pacada, Jr., who hacked her with bolos.
- Romeo attempted to assist his mother but was also attacked.
- Witness Ofelia jumped out of the window to seek help from relatives.
Witness Accounts
- Nathaniel Patnon, Ofelia’s brother-in-law, witnessed the attack from outside the house and heard cries urging to "kill them."
- When Nathaniel arrived, he found Alfonsa and Romeo critically wounded and rushed them to the hospital.
- Romeo died shortly after arriving at the hospital; Alfonsa survived but required extensive medical treatment.
Medical and Forensic Evidence
- Medical treatment wa