Case Summary (G.R. No. 114003-06)
Factual Background
On the evening of December 31, 1985, Dioscoro Astorga Jr. and his brother, Darmo, were at their sister's house when Allego arrived, asking for assistance with a local dispute. After agreeing to help, the Astorgia brothers traveled to Barangay San Jose with Allego. After drinking alcohol, Allego invited the brothers to stay the night at his house. On January 1, after being invited for food and drinks by Allego, the situation escalated, leading to the fatal shooting of Dioscoro Jr. and the injury of Darmo by the accused-appellants.
Judicial Proceedings and Charges
Two informations were filed against the accused for murder and frustrated murder. While all accused except Cesar Allego entered pleas of not guilty, the trial court ultimately convicted Antonio Violin, Eutiquio Cherriguene, and Remegio Yazar of murder and frustrated murder, acquitting Catalino and Miguel Figueroa due to insufficient evidence. In their appeal, the primary focus was on the credibility of testimonies and the circumstances surrounding the incident.
Evidence and Testimony
Darmo Astorga, the surviving brother, testified that he witnessed the shooting and provided detailed accounts of how the attacks were carried out. He claimed that the assault was politically motivated due to their family's political status and prior threats made against Dioscoro Jr. The defense presented alibi testimonies asserting none of the accused were present during the crime. However, the court upheld Darmo's account as credible, emphasizing that positive identification outweighs an alibi defense, particularly given the circumstances of the attack.
Analysis of Defensive Claims
The defense argued that Darmo could not effectively identify the assailants given the physical restraints of crawling under a table for cover. However, the court dismissed these claims, positing that the urgency of seeking safety precluded leisurely consideration of hiding options. The subsequent injuries to Darmo were determined to be non-life-threatening and superficial, further underscoring the distinction between outright intent to kill versus incidental harm during the attack.
Qualification of the Crime
The trial court initially ruled the murder qualified by treachery and aggravated by craft and abuse of superior strength. However, the appellate court found that while treachery was present as the victims were attacked unexpectedly, the circumstances of craft and abuse were not sufficiently established. Since treachery inherently embodies the element of superior strength, craft was deemed redundant in this context.
Ruling and Sentencing
The appellate court modified the original verdicts, affirmin
...continue readingCase Syllabus (G.R. No. 114003-06)
Case Overview
- This case involves the murder of Dioscoro Astorga Jr. and the frustrated murder of his brother, Darmo Astorga, occurring on January 1, 1986, in Bgy. San Jose, Daram, Samar.
- The accused are Antonio Violin, Remegio Yazar, and Eutiquio Cherriguene, with Cesar Allego remaining at large.
- The trial court convicted the accused of murder and frustrated murder, leading to an appeal.
Background of the Incident
- Dioscoro Astorga Jr. was the Commander of the Police Station of Daram.
- On New Year’s Eve, he and Darmo, along with Cesar Allego, went to Bgy. San Jose to resolve a dispute after consuming alcohol.
- They arrived at Allego's residence late on December 31, 1985, and stayed overnight.
Sequence of Events Leading to the Crime
- At approximately 4:00 AM on January 1, 1986, Allego invited Dioscoro Jr. and Darmo to join him for food and drinks.
- After drinking, Allego sent Violin, Yazar, and Cherriguene to buy more beer.
- Dioscoro Jr. went outside to urinate, during which time multiple gunshots were fired.
Eyewitness Account
- Darmo Astorga witnessed the shooting and identified the attackers as Violin, Yazar, and Cherriguene.
- He described how he hid under a table after seeing his brother bleeding from gunshot wounds.
- The attackers allegedly made threats and boasted about political motivations related to the Figueroa family.
Medical Evidence
- Dioscoro Astorga Jr. died from multiple gunshot wounds, confirm