Title
People vs. Magno
Case
G.R. No. L-3517
Decision Date
Aug 7, 1907
Constabulary soldiers accused of murdering Bibiano Cabral during prisoner transport; acquitted due to insufficient evidence and reasonable doubt.

Case Summary (G.R. No. 4904)

Factual Background

On July 12, 1906, a complaint was filed accusing the aforementioned defendants of murdering Bibiano Cabral on March 25, 1905. The prosecution alleged that while escorting Cabral from Batangas to Taal following his arrest by Lieutenant James McLean, the Constabulary soldiers treacherously killed him. The lower court sentenced Taguian to twenty years imprisonment and imposed ten years and a day for the others, alongside an indemnity payment to Cabral's heirs.

Evidence and Testimony

During the trial, conflicting evidence emerged from both the prosecution and the defense. Witnesses for the prosecution reported that they heard Cabral cry for help and claim he had committed no crime just before shots were fired. Conversely, the defense argued that the accused acted in the course of their duties when they fired shots at Cabral, who was attempting to escape. They claimed that upon noticing Cabral and another prisoner running, they had no choice but to fire as per their duty to prevent escape.

Analysis of the Incident

Witness statements indicated that during the march toward Taal, Cabral and Leonardo Sangalang, who were tied together, managed to run away. The circumstances under which Cabral was killed, primarily the manner of restraint by the Constabulary and the subsequent gunfire, were contested. The defense maintained that Cabral's death was a consequence of his actions while attempting to flee, thereby asserting a defense of duty and necessity.

Verdict and Legal Reasoning

The court acknowledged the presumption of innocence and, due to the conflicting testimonies and insufficient evidence proving the defendants' culpability, ruled in favor of acquittal. Articles from the Penal Code indicating exemptions from criminal liability when actions are executed

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