Case Summary (G.R. No. L-2444)
Incident Summary
During the card game, tension arose when the defendant's son, Carlos, attempted to cheat by concealing a card, leading to an argument with the elderly Liberato Deligero, who was winning. Plaintiff issued a challenge for a duel, which Deligero did not accept, and the defendant and his companions left the tienda. Afterward, Deligero, accompanied by his granddaughter, was ambushed on his way home, where the defendant attacked him with a rock and ultimately shot him with a carbine. Witness Valentin Callado testified that he observed the attack from a nearby coconut grove.
Testimony and Evidence
The evidence presented included witness accounts of the events leading up to the attack and the subsequent actions of the defendant. Callado described how he saw the defendant strike the old man and how Carlos and Mina attempted to hide Deligero's body upon realizing he was still alive. Additional testimony from a special policeman, Juanito Mabug-at, outlined how he apprehended the defendant later that night, who confessed to killing Deligero.
A post-mortem examination indicated multiple injuries that led to Deligero’s death, including fractures and a bullet wound. The medical examiner emphasized that the bullet wound was inflicted from close range, indicating a lack of struggle.
Defendant's Defense
In his defense, Bienvenido Orbillo claimed he acted in self-defense, asserting that Deligero intercepted him with a carbine and threatened him. He mentioned a struggle over the firearm, which led to shots being fired inadvertently, followed by him hitting Deligero in the face with a rock. The defense attempted to portray Deligero as a bully and a skilled marksman to support the notion that he posed a real threat.
Trial Court Decision
The trial court found the defendant guilty of frustrated homicide, citing premeditation as an aggravating circumstance. However, this finding was disputed during the appeal process, where it was contended that the trial court overlooked critical evidence and testimony that indicated the defendant had initiated the confrontation.
Appeals Court Findings
Upon review, the appellate court found that the evidence supported a conviction for murder rather than frustrated homicide due to the nature of the attack, and the aggravating circumstance of disrespect towards an olde
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Case Background
- The prosecution for murder was initiated against three defendants: Bienvenido Orbillo, Carlos Orbillo (his son), and Jesus Mina (their servant).
- Prior to the trial, the case against Carlos Orbillo and Jesus Mina was provisionally dismissed due to insufficient evidence.
- Subsequently, the prosecution focused solely on Bienvenido Orbillo.
Incident Details
- Incident occurred on the evening of April 19, 1946, at a tienda in Sitio Pandanan, Sagay, Occidental Negros, where the deceased, Liberato Deligero, was playing cards.
- Participants included Bienvenido Orbillo, Carlos Orbillo, Jesus Mina, and Deligero's eleven-year-old granddaughter, Shirley.
- A conflict arose during the card game when Carlos Orbillo attempted to cheat, leading Deligero to stop the game.
Escalation of Conflict
- After the game was disrupted, Bienvenido Orbillo expressed his frustration, challenging Deligero to a gunfight.
- The defendant left the tienda, followed shortly by Deligero and his granddaughter, who were headed home.
- As Deligero walked home, he was ambushed by Bienvenido Orbillo, who was armed with a carbine and had been lying in wait in a coconut grove.
Testimony and Evidence
- Witness Valentin Callado testified he saw the card game and later observed the attack on Deligero.
- Callado reported seeing Orbillo strike Deligero with a stone and later shoot him twice after his companions disposed of the body.
- Shirley, the granddaughter, fled to inform her father, Jose G. Poblador, upon witnessing the