Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Maramara (G.R. No. 110994)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is

Cresenciano Maramara. In the case at bar, the herein accused assaulted and shoot with a handgun
a certain Miguelito Donato, hitting the latter in the chest. It was said that at about midnight of
Nivember 18, 1991, the deceased was dancing with a certain Rowena Del Rosario, when a
certain Dante Arce approach Ricardo Donato and punched him in the chest. Ricardo then
scampered for safety. Not for long, the herein accused took his handgun and killed the deceased.
The trial court rendered a decision against the herein accused for the commission of the crime of
murder, with the presence of circumstances like evident premeditation, treachery and taking
advantage of nighttime.

Issue: Is the accused liable for the crime of murder.

Held: The Supreme Court said that the contention of the accused that he should be rather guilty
of death in a tumultuous affray. The Supreme Court does not affirm such contention. First of all,
it is evident that there are group of persons and note merely free-for-all. Such situation cannot be
seen in the case at bar. However, with respect to the qualifying circumstances mentioned therein.
The Supreme Court said that such circumstances were not proven by the prosecution. There was
no evidence which provides that the advantage took advantage or specifically sought for such
circumstances.