Professional Documents
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Facts: SC held: Agree with Sol Gen on death of Koh. But disagree with regard to the injuries
inflicted upon the spouses—not double frustrated murder. But accused cannot be
• The case was elevated to the SC in view of the death sentence imposed. But exempted.
with the approval of the new Consti abolishing death penalty and commuting
Duman, Paulyn \ CRIM II \ Gutierrez \ I-E
On Koh’s Death:
• There is no question that the accused surprised his wife and her paramour in
the act of illicit copulation.
• Elements of Art. 247: a. legally married surprises spouse in the act of sex
with another person b. that he kills any or both of them in the act or People vs. Pugay
immediately after. These elements present in the case.
• Although an hour has passed bet the sex act and the shooting of Koh, the Issue:
shooting must be understtod to be the continuation of the pursuit of the
victim by the accused. WON the RTC was correct in find the accused guilt of murder qualified with treachery
and aggravated by evident premeditation and superior strength and the means
• Art only requires that the death caused be the proximate result of the
employed was to weaken the defense and that the wrong dne in the commission of
outrage overwhelming the accused after chancing upon his spouse in the
the crime was deliberately augmented by causing another wrong that is the burning of
basest act of infidelity. But the killing should have been actually motivated
the body of the victim.
by the same blind impulse and must not have been influenced by external
factors.
Facts:
• People vs. Araquel: Only acts or omissions constituting the offense should be
pleaded in a complaint or information, and a circumstance which mitigates
• Miranda, deceased, is a 25-year old retardate and the accused Pugay were
criminal liability or exempts the accused therefrom, not being an essential
friends.
element of the offense charged—but a matter of defense that must be
• Miranda used to fun errands for Pugay and at times, they slep together.
proved to the satisfaction of the court—need not be pleaded.
• Punishment is not inflicted upon the accused. He is banished but that is • On May 19, 1982, a town fiesta was held in the public plaza and there were
intended for his own protection. different kinds of rides including the ferris wheel.
• Sometime after midnight, Eduardo Gabion who was sitting at the ferris wheel
On the injuries of the spouses: reading a comic book with a friend. Pugay and Samson with several
companions arrived and were drunk as they were noisy and happy. As they
• Sol Gen: recommends double frustrated murder and being a more severe saw Miranda walking nearby, they started making fun of him and tickled him
offense, rec temp in its max. with a piece of wood to dance.
• SC ruled: Disagree with Sol Gen. The accused didn’t have the intent to kill • Pugay took a can of gasoline from under the engine of the ferris wheel and
the spouses. Although as a rule, one committing an offense is liable for all poured its contents on Miranda.
the consequences of his act, the rule presupposes that the act done amounts • Gabion told Pugay not to do so while the latter was in the process of pouring
to a felony. the gasoline. Then Samson set Miranda on fire making a human torch out of
• In the case, he was not committing murder when he discharged rifle upon him.
deceased. Inflicting death under exceptional circ is not murder. However, • Body of deceased was still aflame when the police arrived at the scene. Upon
while it appears that before he fired at the deceased, he warned the people inquiring among the people, they spontaneously pointed to Pugay and
that those who are not concerned must get out, he is negligent on this part. Samson.
• Miranda was rushed to the Grace Hospital for treatment while the two
• Liable under 2nd par of art. 365 of less serious physical injuries thru simple
accused and other five persons were took for interrogation.
negligence or imprudence.
• A few hours after the incident, the accused gave their written statements to
• Amparado incapacitated for one and one-half months, no showing with wife
the police. Pugay admitted that he poured gasoline and accused Samson
as to the extent of injuries. 10-15 days only based on med cert. alleged in his statement that he saw Pugay pour gasoline but did not see who
• For the separate injuries suffered by the spouses, we impose arresto mayor set Miranda on fire. They both did not impute any participation of eyewitness
(in medium and max) in its max period. Gabion in the commission.
• Sentence: 4 months and 21 days to 6 months of AM. The period within which • The accused repudiated their written statements and claim that they were
he has been in confinement shall be credited in service of these penaltiles. extracted by force into admitting the crime. They also blamed Gabion for the
Indemnify spouses in the sum of P16K and 1,500 for Arnold’s loss of earning crime
capacity. • Although there were written statements, these were not the sole basis for
the findings of facts. Even without these, Gabion’s straightforward testimony
Decision modified. which remains unaffected by the uncorroborated testimony of the accused.
• Accused asserted that prosecution suppressed other witnesses and only
Gabion was presented. There is no dispute that there were other witnesses in
Duman, Paulyn \ CRIM II \ Gutierrez \ I-E
the crime but their non-presence doesn’t give rise to the presumption that
evidence willfully suppressed would be adverse if produced. This
presumption doesn’t apply to the suppression of merely corroborative
evidence. The matter as to whom to utilize as witness is for the prosecution
to decide.
• They also alleged that the mother of Miranda asked Gabion to testify but
eveidence shows that this is not the case. The uncle was the one who talked People vs. Salufrania
to him. And even so, Gabion has no reason to testify falsely against them.
Issue:
• They also alleged that his testimony is incredible bec of the absurdity of
reading a comic book while in the ferris wheel. However, during cross- WON the crime judged by the RTC of complex crime of parricide with intentional
examination, Gabion clearly stated that after he told Pugay not to pour abortion is proper. (Subsidiary issue of WON Pedro as a witness is considered
gasoline, he resumed reading the comics, and that when the victim’s body is competent thus giving credence to his testimony)
on fire, that is only when he noticed a commotion.
Facts:
SC held: The judgment is affirmed with modifications.
• Accused was sentenced to death thus an automatic review of the SC.
• There is nothing in the records that shows that there was a precious
conspiracy or unity of criminal purpose and intention bet the two accused
• Filomeno Salufrania and Marciana Abuyo were legally marriend and they had
immediately before the crime. There was no animosity and their meeting at
several children. Two of of their sons, Pedro and Alex witnessed how their
the scene of the crime was accidental. They only want to make fun of the
father killed their mother.
deceased.
• The respective criminal resp of Pugay and Samson arising from different acts • Pedro is 13 years old and accused alleged that he cannot be considered as
directed against the deceased is individual and not collective, and each of witness since he is of tender age thus incapable of receiving correct
them is liable only for the act committed by him. impressions of facts and that he was only 11 when the crime happened.
• Pugay’s criminal responsibility: he failed to exercise all the diligence Presumed to incompetent under ROC Art 130 sec 19(b). However, with careful
necessary to avoid every undesirable consequence arising from any act that supervision of the court a quo, they determined that he is capable and
may be committed by his companions who at the time were making fun of intelligent. He convincingly declared that he was not under the threat of his
the victim. SC agrees with SOL gen that Pugay is only guilt of HOMICIDE THRU uncle to testify.
RECKLESS IMPRUDENCE under 365 of RPC. • He testified that at around 6 pm their parents quarreled and he saw his
• Proper penalty for Pugay: Indeterminate from 4 months of Am as minimum to father boxed the stomach of his pregnant mother then strangle her to death
4 years and 2 months of PC as max. afterwards. He saw blood oozing from her nose and eyes and died on the spot
• Samson’s criminal responsibility: SOL Gen contends murder is proper where she fell. Then he saw his father went out of the house to get a
considering setting victim on fire knowing that gasoline has been poured on hammock and the father arrived early in the morning and place the body of
him, characterized by treachery. SC do not agree. their mother in the hammock and brought to his sister Conching in Tigbinan
and from there was transferred to Talisay for burial.
• There is an absence of intent to kill and that his act was just part of their
• He refused to live with his father because the latter threatened him and his
fun-making that evening. Treachery-deliberate attack and employing means
to insure its execution removing any form of defense from the offended siblings that he will kill them should they reveal the true cause of their
party. mother’s death.
• His act however doesn’t relieve him of crim resp. Burining the clothes of • Narciso Abuyo testified that the accused and his sister were legally wedded
victim would cause at the very least some kind of physical injury. husband and wife evidenced by a marriage contract. That he first came to
• ART 4, criminal liability shall be incurred by any person committing a felony know about his sister’s death thru his nephews. After being told of the
although the wrongful act done be different from what is intended. incident, he went to the polces.
• Guilty of HOMICIDE under 249 with mitigating circ of no intention to commit • Accused had for his defense witnesses Villan, Bragais, Balce and himself.
so grave a wrong. They were actually stunned to see the victim burning. • Villan: testified that he happened to pass by the house and saw accused
• Indemnity for death=P30K, with moral and exemplary damages. boiling ikmo and garlic as medicine for wife who was about to deliver. He
helped the accused in applying the treatment on the victim’s body. When the
Judgment affirmed with modifications. condition worsened, he told accused to get Bragais who is a healer. But when
the latter arrived, victim is already dead.
Duman, Paulyn \ CRIM II \ Gutierrez \ I-E
• Bragais: testified that he was fetched by Felipe, another son, and that victim
was already dead when he arrived.
• Balce: was called by one of the latter’s son and when she arrived, victim is
still in coma lying on the lap of the husband.
• Filomeno: said that he was wedded to victim and that wife complained of
stomach pain and so he took care of her, prepared the treatment and the
condition worsened, woke up sons to call for help and fetch Villanueva but
the sons arrived without Villanueva but arrived a little later.