People vs.

Listerio CRIM I
23 Docket No. 122099 Date: July 20,2019 Ponente: Ynares- Name: Dave
Santiago, J. Christian C.
Umeran
Petitioners: Respondents:
Agapito Listerio y Prado and Samson Della Torre People of the Philippines (as plaintiff-appellee)
(as accused), Agapito Listerio y Prado (as
accused-appellant)
Recit Ready Summary

On August 14, 1991, brothers Marlon Araque and Jeonito Araque were at Purok 4, Alabang, Muntinlupa to
collect money from a certain Tino. Having failed to collect said money, the brothers went home but was
blocked by a group of people with the accused being a part of the group. Said group attacked the brothers
with Jeonito being stabbed to death and Marlon being rendered unconscious through a strike in the head.
Accused were arrested while the rest of said group have remained at large.

Trial ensued and only Listerio was rendered judgement as co-accused Della Torre escaped during
presentation. Court ruled that Listerio is GUILTY BEYOND REASONABLE DOUBT and was sentenced the
following:
 Reclusion Perpetua for the death of Jeonito Araque and;
 6 months and 1 day minimum to 4 years maximum for the attempted killing of Marlon Araque
In addition, civil indemnities followed with costs to the accused.

In response, Listerio claim innocence on the grounds that he was not present in the scene of the crime. He
claimed that he was sleeping in his house during the commission of the act. In addition, Listerio claims that
his accusation was done in malice and ill-will as he evicted brothers Araque from his house.

Court dismisses Listerio’s account as the weight of testimony are to be weighed not in the number of
witnesses but in credibility. Trial court found Marlon’s testimony as credible as it is said in a candid and
straightforward manner. Likewise, there appears to be no ill-will to falsely testify against Listerio as Marlon,
being a victim of the crime is only expected to seek justice.

Accused Listerio also insists absence of a conspiracy and treachery in the attack of the victims. Court
disagrees. Conspiracy is determined if an act of a group indicate a common design or purpose. The
accused’s group blocked the path of the victims and attacked them with knives and lead pipes in hand.
Each member did a specific act indicating a common criminal design or purpose.

As for treachery, the criminal act must not only be sudden, and the victim be unsuspecting, but the act must
be done in a deliberate manner and perpetrated. In this case, victims were not only blocked but the attacks
on the victims appear that they were meant to kill without meaning to pose any danger to the other
conspirators.

Court also found that the lower court’s decision of convicting Listerio with attempted homicide as flawed.
Court ruled that the gravity of the wounds inflicted does not determine whether a felony is frustrated or
attempted. The intent of the perpetrators is looked upon. There was an attempt in Listerio’s part to kill the
brothers and the attacks only ceased when the group thought that the brothers were dead. Therefore,
Listerio is not guilty of attempted homicide but of frustrated homicide.

Facts

1
 May 14, 1991:
1. Marlon Araque’s Version: Marlon and his brother Jeonito were in Purok 4, Alabang, Muntinlupa to
collect a sum of money from Tino. Having failed they turned back. As they were passing Tramo
near Tino’s place, a group composed of Agapito Listerio, Samson dela Torre, George dela Torre,
Marlon dela Torre and Bonifacio Bancaya blocked their path and attacked them with lead pipes
and bladed weapons. Jeonito Araque from behind with 3 stab wounds: 1. upper right portion of his
back, 2. lower right portion and 3. middle portion of the left side of his back causing him to fall down.
Marlon was hit on the head by Samson dela Torre and Bonifacio Bancaya with lead pipes and
momentarily lost consciousness. When he regained consciousness 3 minutes later, Jeonito was
already dead and the group fled. He was brought to the hospital for treatment of his forearm and
the shoulder
2. Agapito Listerio’s Version: Agapito Listerio is 39 years old, married, side walk vegetable vendor
and a resident of Purok 4.
 1:00 pm: He was in store of Nimfa Agustin drinking beer with Edgar Demolador and Andres Gininao
 2:00 pm: He went to his house and slept
 5:00 pm: Remolador and Gininao woke him up and told him there was a quarrel near the railroad
track
 6:00 pm: 2 policemen passed by going to the house of Samson de la Torre while he was chatting
with Remolador and Gininao and invited them for questioning. But, the two were sent home. He
was handed a Sinumpaang Salaysay executed by Marlon Araque, implicating him for the death of
Jeonito Araque and the frustrated murder of Marlon Araque. When he confronted Marlon as to why
he was being included in the case, the latter replied “because you ejected us from your house”

Dr. Manimtim’s Autopsy Reports:

1. Marlon Araque: 2 wounds on the forearm and the shoulder were caused by a sharp object like a
knife while the other 2 were caused by a blunt instrument such as a lead pipe
2. Jeonito Araque: 3 stab wounds were inflicted from behind by a sharp, pointed and single-bladed
instrument like a kitchen knife, balisong or any similar instrument. Considering the involvement of
a vital organ and a major blood vessel, the first wound was considered fatal. Unlike the first, the
second and third wounds were non-fatal. The first and second wounds were inflicted by knife thrusts
delivered starting below going upward by assailants who were standing behind the victim
Procedural History

1. Criminal Case No. 91-5842 and Criminal Case No. 91-5843 were filed against Agapito Listerio y
Prado and Samson dela Torre y Esquela
2. Upon arraignment, accused Agapito Listerio y Prado and Samson dela Torre y Esquela pleaded
not guilty to the crimes charged. Their other co-accused have remained at large.
3. Court ruled that Listerio (as co-accused Della Torre escaped during presentation) is GUILTY
BEYOND REASONABLE DOUBT and was sentenced the following:
 Reclusion Perpetua for the death of Jeonito Araque and;
 6 months and 1 day minimum to 4 years maximum for the attempted killing of Marlon Araque
4. In addition, civil indemnities include damages amounting to Php 109,200.66 to Jeonito’s heirs and
Php 15,000.00 to Marlon
5. Agapito Listerio interposed alleging that prosecution evidence failed to prove that accused is guilty
beyond reasonable doubt and that the court erred in convicting the accused despite absence of
evidence.
Point/s of Contention

1) There were conflicting testimonies between victim Marlon and accused Listerio. The court must
determine which holds more weight.
2) Accused argues that no conspiracy or treason that transpired in the commission of the act.
3) There is a contention in courts whether the assault on Marlon Araque constitutes frustrated
homicide or attempted murder.

2
Issues Ruling
1. Whether or not Marlon Araque’s witness account is credible? 1. Yes
2. Whether or not conspiracy and treason was committed in the assault of brothers 2. Yes
Araque

Rationale
1. Whether or not Marlon Araque’s witness account is credible? – YES

Weight of testimony are to weighed not in number but in credibility. Trial court found Marlon’s testimony
as credible as it is said in a candid and straightforward manner. Likewise, there appears to be no ill-
will to falsely testify against Listerio as Marlon, being a victim of the crime is only expected to seek
justice.

2. Whether or not conspiracy and treason was committed in the assault of brothers Araque
– YES

Accussed Listerio also insists absence of a conspiracy and treachery in the attack of the victims. Court
disagrees. Conspiracy is determined if an act of a group indicate a common design or purpose. The
accused’s group blocked the path of the victims and attacked them with knives and lead pipes in hand.
Each member did a specific act indicating a common criminal design or purpose.

As for treachery, the criminal act must not only be sudden, and the victim must be unsuspecting, but
the act must be done in a deliberate manner and perpetrated. In this case, victims was not only blocked
but the attacks on the victims appear that they were meant to kill without meaning to pose any danger
to the other conspirators.

Disposition

Petition Denied. Accused-Appellant is found guilty of frustrated homicide and is sentenced to suffer prison
time amounting to 6 years prison correccional as minimum to 10 years prison mayor as maximum. Moral
damages amounting to 5000 pesos to Marlon Araque is deleted