1. 2. 3. 4.

Generic Specific Qualifying Inherent- ex. Crimes against public morals

People vs. Capalac -Stabbing, apparently without provocation, of one Moises Capalac by Jimmy Magaso -September 20, 1970, at around 2:00 in the afternoon, duly licensed cockpit in the city of Iligan -The aggressor, Jimmy Magaso, attempting to escape, was confronted by two brothers of Moises, Jesus Capalac and appellant Mario Capalac. -The attempt of Magaso to board a jeep was unsuccessful; he having alighted after two shots were fired in succession. Knowing that he was completely at the mercy of the two brothers, he raised his hands as a sign of surrender, but they were not to be appeased. He was pistolwhipped by appellant Mario Capalac, being dealt several blows on the head and the face. After he had fallen to the ground, Jesus Capalac stabbed the deceased on the chest three or four times. He was brought to the hospital where he died, the cause, according to the coroner's report, being "haemorrhagic shock due to a wound of the heart" -After trial duty held, Mario Capalac was convicted of murder. LC also found that the crime was committed with evident premeditation and treachery. LC also

held that the appellant took advantage of his position as a police officer and employed means or brought about the circumstances which added ignominy to the natural effects of his act. It sentenced him to suffer the death penalty. -Present case -4 errors: 1) Absence of conspiracy -The circumstances indicative of the manner, by which the two brothers, as well as their two companions, who apparently were not apprehended as they were not included in the information, attacked the hapless victim, would suffice to show conspiracy. They apparently had one purpose in mind, to avenge the stabbing of Moises Capalac. They were impelled by a common purpose. They acted in concert. 2) Deny the existence of qualifying -crime was one of murder, the qualifying circumstance of treachery being present. "There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. Magaso's situation was hopeless. Any defense he could have put up would be futile and unavailing. His hands were in surrender. That notwithstanding, he was pistol-

there were two other persons assisting the brothers Capalac. with respect to the accused CIC Loreto Gapasin who is a PC soldier 4) Mitigating circumstance of immediate vindication of a grave offense 5)"discarding the ante mortem statement of the victim" Accused is found guilty of murder. People vs.56 issued to the accused PC soldier under MR dated September 17. according to the testimonial evidence. causing his instantaneous death due to hemorrhage secondary to gunshot wounds -That the crime was committed with the aggravating circumstances of (1) ignominy. and (3) taking advantage of public position. accused CIC LORETO GAPASIN. therefore. Gapasin 6th day of October. province of Isabela. PC NICANOR SALUDARES. no hope for the victim. 3) Deny the existence of aggravating circumstances -erred. conspiring and confederating together and all helping one another. AMOR SALUDARES. -no evidence of premeditation -they were prompted by the desire to avenge their brother -the mere fact that the appellant Mario Capalac is a member of the police force did not itself justify that the aggravating circumstance of advantage being taken by the offender of his public position be considered as present minimum to seventeen years. 5. Philippines. 3267485 Cal. (2) abuse of superior strength. Accused is sentenced to 10 years and one day prision mayor . LORENZO SORIANO. decision modified. step and kick the victim several times. inflicting multiple gunshot wounds on the body of the latter. 1979 by the 118th PC Company. he was stabbed. did then and there. the explanation would appear to be that they managed to elude capture. to the aggressors. When lying prostrate on the ground. in United States v. FRANK SALUDARES. Justice Mapa. made clear that an aggravating circumstance must be "as fully proven as the crime itself". shoot Jerry Calpito with an Armalite rifle SN No.whipped. 1979 at Barangay San Jose. It must be remembered that. with evident premeditation and treachery. the accused having stepped and kicked the body of the decease. There was no risk. LC affirmed. If they were not included in the information. municipality of Roxas. Alavares. four months and one day of reclusion temporal maximum. BEL SALUDARES and NICK SALUDARES.

he and Rodrigo Ballad left the house of Enteng Teppang at about 2:00 PM of October 6. Dominador Ignacio to get in touch with Nicanor Saludares who may be able to give him ingo on the identities of the persons with unlicensed firearms in the place -When appellant met Saludares. When Calpito fell on the ground. appellant fired more shots at him. and (4) on the right fronto-parietal portion of the Defense Version: -Appellant invoked self-defense. appellant went to Barangay San Jose. trial court ensued after 6 years. Jerry Calpito followed them. He testified that he was issued a mission order on Sep 23. -Body of Calpito autopsied and found out that victim sustained four bullet wounds: (1) on the right lateral side of the arm fracturing the humerus. 1979 after attending the "pamisa" for the deceased father of Teppang. arriving there at 12 noon -Went to house of Saludares after which went to house of Entend Teppang to attend the "pamisa" -Saludares advised appellant against confronting Calpito because it would create a disturbance at the "pamisa". Faustino Calpito ran to succor her fallen husband. between the 5th and 6th ribs with exit wound at the sternum. between the 5th and 6th ribs. -Accused Nicanor Saludares pointed his gun at Faustina while accused Soriano fired his gun upwards. Calpito was shot by appellant with an armalite rifle. accused Amor Saludares planted a . Saludares informed appellant that it would be best for him to see Jerry Calpito the following day as a relative of the latter would be buried -Next day. anterior. He also told appellant that Calpito would . While they were walking along the barangay road. (3) on the left side of the thorax. anterior. he was informed that Jerry Calpito had an unlicensed firearm -Oct. 5. Saludares warned that he would kill any relative of Jerry Calpito who would come near him. several of the accused posted bail head "severing the skull and brain tissues" -victim was in a standing position when he was shot by someone positioned at his right -According to the prosecution witness Alberto Carrido. Thereafter. 1979 to investigate a report re: presence of unidentified armed men in Barrio San Jose.Procedural shit. Roxas. he was instructed by Sgt. 1979. (2) on the right lateral side of the thorax.22 caliber revolver on the left hand of Calpito. Upon hearing the shots. Isabela -The following day. Faustina and the other relatives of the victim scampered away as the Saludares' group chased them.

surely pass Saludares' house on his way home -Appellant and Nicanor Saludares positioned themselves inside the yard of the latter. P30. Oriental Mindoro. with the attendance of the mitigating circumstance of voluntary surrender. he went out of the yard into the barangay road. accused Rudy Tiongson escaped from the Municipal Jail of Bulalacao. they could have simply apprehended him -Premeditation was present and should be considered as a generic aggravating circumstance -The information alleged three other generic aggravating circumstances: ignominy. therefore. drew his firearm from the waist and fired twice at the appellant. a member of the Philippine Constabulary committed the crime with an armalite which was issued to him when he received the mission order -Voluntary surrender may be considered in appellant's favor but this is offset by the aggravating circumstance of taking advantage of public position. abuse of superior strength and taking advantage of public position -TC correctly ruled out ignominy on the strength of the of the autopsy conducted by the doctor who failed to find any other injuries such as bruises and contusions which may indicate that the victim was kicked by his assailants -corrected held treachery abuse of superior strength -TC properly appreciated taking advantage of public position as aggravating circumstance -Appellant. when appellant saw Calpito. appellant asked him what was bulging in his waist. also had he and Saludares not intended to harm the victim. When Calpito was about three meters away from him.000 as exemplary damages People vs. Tiongson At about 3 o’clock in the afternoon of October 26. and the aggravating circumstances of taking advantage of public position and evident premeditation. P20. Calpito took a step backward. 1971.000 as death indemnity. the sum of P88. penalty of reclusion perpetua and to pay the heirs of the late Jerry Calpito. instead of answering. 596 as actual or compensatory damages. together with George de la Cruz and Rolando Santiago. only the generic aggravating circumstance of evident premeditation may be appreciated against appellant Guilty beyond reasonable doubt of murder qualified by treachery.000 as moral damages. P30. He missed because appellant dropped to the ground simultaneously firing his armalite -Appellant's claim of self-defense is belied by finding of the trial court on the nature of the wounds. Sr. where they were detained under the charge of Attempted Homicide .

while on board a tricycle. conspiring and confederating together and mutually helping one another. unlawfully and feloniously attack. Gelera -In the instant case. nor support. evident premeditation that the crime was committed in consideration of a price. she identified accused Magdueno as the man she saw that early morning of October 15. 1980. as the gunman coming from his left side aimed and poured said shots into his body. inflicting upon the latter mortal wounds which were the direct and immediate cause of his death. this City. inflicting two fatal wounds (Exhibit N) that instantaneously caused his death. a few minutes past 8:00 o'clock in the morning. 1980 the accused. Magdueno -On 15th day of October. it does not appear how and in what position the victim was when he was killed so that it cannot be said for certain that the accused had adopted a mode or means of attack tending directly to insure or facilitate the commission of the offense without risk to himself arising from the defense or retaliation which the victim might put up -Considering that PC Constable Canela had been sufficiently fore People vs. two successive gunshots burst into the air. as soon as the late Fiscal Fernando M. did there and then wilfully. Three witnesses positively identified the assailant as accused Hermogenes Magdueño: (1) Elena Adion Lim. the said accused pleaded guilty -evidence presented by the prosecution does not warrant. DILIG. Zosimo Gelera. (2) Ernesto Mari Y Gonzales. 1980. reward or promise.-While in the act of escaping Rudy Tiongson killed Pat. and that the crime was committed in contempt with or with insult to authorities On October 15. likewise heard the two gunshots coming from the . a security guard of the Malaria Eradication Service. 1980. the finding that the killing of Pat. Dilig had placed himself at the driver's seat inside his jeep parked near his house at the corner Roxas and D. Oriental Mindoro -Upon arraignment. Mendoza Streets. bringing a short gun in his right hand and a clutch bag while hurriedly proceeding towards Liwanag Street. all of a sudden. Puerto Princesa City. -Committed with the aggravating circumstance of treachery. a member of the police force of Bulalacao. on his way home. saw the gunman coming from where she heard two successive shots when he passed by her house. about 20 to 30 meters away from the house of Fiscal Dilig. Zosimo Gelera was qualified by treachery since the prosecution failed to present any eyewitness who directly saw the killing of Pat. assault and shoot one FERNANDO M. passing in front of the house of Fiscal Dilig. On October 30. while sitted (sic) at the gate of her fence.

blue pants and a hat. Mari saw a scar on his left temple below his left eyebrow. residing at Jose Abad Santos. he positively identified accused Hermogenes Magdueno as the gunman. this City. (3) Cynthia Canto a taxi dancer. age. waiting for a tricycle. Palawan. Aborlan. The man was still holding the gun in his right hand while walking in a limping manner towards Mendoza Street. then went nearer Fiscal Dilig who was then sitted (sic) on the driver's seat of his jeep and fired two successive shots tothe latter.. dwelling 4) Abuse of confidence 5) Committed in the Palace of the Chief Executive. while in front of the store of Aling Charing near the house of Fiscal Dilig. She could not be mistaken that accused Hermogenes Magdueno was the gunman and when she came face to face with him at the invitation of the police inPlaridel. etc. On the witness chamber. He described the gunman as wearing a white polo shirt. When the gunman turned to his left side. or sex. saw the gunman standing by for quite a time. still holding the gun pointed at Fiscal Dilig. prompting him to order the driver to stop. exiting towards Mendoza Street. or place of Religious worship Aggravating Circumstances: -increases the penalty 1) Taking advantage of a public office 2) Insult to public authority . 3) Disregard of rank.direction of Fiscal Dilig's house. she readily Identified Magdueño as the killer.