Title
People vs. Roca y Murrey
Case
G.R. No. 77779
Decision Date
Jun 27, 1988
Dominador Roca, present during a volleyball event, instigated an altercation, leading to his son Herman stabbing Florencio Macalino. Dominador prevented intervention, showing conspiracy. Convicted of murder with abuse of superior strength, mitigated by voluntary surrender.

Case Summary (G.R. No. L-25134)

Incident Description

The confrontation escalated when Dominador and Herman attacked Florencio Macalino, who was involved in the dispute on behalf of his brother, Oscar. Witness Heli Teves observed that Dominador prevented assistance to Florencio while Herman fatally stabbed him multiple times from behind. The incident resulted in Florencio's death, prompting an investigation led by Patrolman Teodoro Ybuan. Dominador eventually surrendered, and both he and Herman were charged with murder in the Court of First Instance of Quezon City.

Trial Court Findings

The Regional Trial Court convicted Dominador of murder on February 17, 1987, sentencing him to reclusion perpetua and ordering him to pay damages to Florencio's heirs. Dominador pleaded not guilty and subsequently appealed the decision, claiming multiple errors by the trial court concerning witness testimonies and the interpretation of evidence.

Claims of Errors

The appellant's primary arguments included assertions that witness testimony exculpated him rather than implicated him. He contended that the evidence could not establish conspiracy between him and Herman. Dominador also challenged the trial court’s findings regarding the hostility displayed toward Oscar Macalino, and the credibility of various witnesses, including Conrado Ordono, who was stated to have been present during the incident.

Interpretation of Evidence

The court examined claims regarding the concert of action between father and son during the crime and asserted that conspiracy could be inferred from the circumstances surrounding the attack. Despite the defense's claims regarding witness credence and procedural errors, the court reaffirmed that the testimony of witnesses corroborated the prosecution's account and supported the existence of a joint criminal intent.

Legal Principles Applied

In evaluating the murder charge, the court considered the qualifying circumstance of abuse of superior strength, stemming from the weapons used and the positions of Dominador and Herman during the attack. Although it upheld the murder conviction, the appe

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