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Respondents Lumague are siblings who are accused of killing of one Antonio Regalado, a
credit investigator of the Social Security System. Respondents had been implicated in the
killing. Rolando Lumague had been charged with frustrated murder and slight physical injuries
while Ponciano Lumague was charged with frustrated homicide and was also charged in the
Provincial Fiscals Office of La Union with direct assault of an agent of a person in authority
and robbery. The trial court convicted Ponciano, Rolando and Mario Lumague of murder,
sentenced them to death and ordered them to pay solidarily to the heirs of Regalado Php
32,000.00 without giving them the opportunity to defend themselves properly.

Separate Trial was made to Juanito Lumague who was later on arrested. Juanitos counsel did
not present any evidence during the trial and he was convicted of murder, sentenced to death
and ordered to indemnify the heirs of the victim.

Issue: W/N the court is correct in convicting all the four accused?

Held: NO!
With respect to the first three accused, the trial court erred in not allowing them to present
additional evidences in their behalf and to testify for themselves. Therefore, their conviction
is not proper. The courts should have granted their motion to present additional evidence.

With respect to the conviction of Juanito who had a separate trial, his guilt beyond
reasonable ground was proven by the prosecution which destroyed his presumption of
innocence and his conviction proper.