PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

Vs

VICENTE TEMBLOR alias “RONALD,” defendant-appellant

PERTINENT RULE OR LAW:

Contrary to law article 248 with the accessory penalties thereof under art. 41 of the revised
penal code.

DOCTRINE:
Art. 248 of the Revised Penal Code. Murder. – Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period to death, if committed with any
of the following attendant circumstances.

Art. 41 of the Revised Penal Coe Reclusión Perpetua and Reclusión Temporal — Their accessory
penalties. — The penalties of reclusión perpetua and reclusión temporal shall carry with them that
of civil interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned as to the
principal penalty, unless the same shall have been expressly remitted in the pardon.

FACTS:

At about 7:30 in the evening of December 30, 1980 Julious Cagampang, his wife and their
two children were manning the store adjacent to their house in Barangay Talo-ao, Buenavista,
Province of Agusan del Norte. The accused Vicente “Ronald” Temblor arrived and ask to buy a
half-packed of hope cigarettes. Then there was a sudden burst of a gunfire that make Julious
Cagampang fell on the floor. Julious wife Victorina, seeing that her husband had been shot and
bleeding on the head shouted “Jul” the husband’s nickname. One of the two suspect whom she
later identified barged into the store and demanded to bring out her husband’s firearm. The
accused fired two more shots to fallen victim. Terrified, Victorina gave the suitcase where her
husband’s firearm hidden, after inspecting, took her husband’s .38 caliber revolver and fled.

In 1981, Victorina was summoned to the Buenavista police station where she saw and
positively identified the accused as the man who killed her husband. Temblor and his
companion, admittedly members of New People’s Army were not apprehended immediately
because they hide in the mountains of Malapong. He was arrested by the Buenavista Police at
Buenavista Police public market on November 26, 1981. He was charged with the crime of
murder later on.
He pleaded not guilty.
ISSUE:

Whether or not the accused Vicente Temblor has enough intent and motive to murder
Cagampang.

RULING:

Yes. The defendant’s knowledge that Cagampang possessed a firearm was motive
enough to kill him as killings perpetrated by the NPA for the purpose of acquiring more arms
for their group are prevalent elsewhere in the country. Known as NPA’s “agaw armas”
campaign. And he was positively Identified by Victorina Cagampang.
The accused was positively identified by the widow who recognized him because she
was less than a meter away from him inside the store which was well lighted by a 40-watt
fluorescent lamp and by an incandescent lamp outside. The testimony was supported by
another prosecution witness --- a tricycle driver, Claudio Sabanal --- who was a long-time
acquaintance of the accused and who knew him a “Ronald.” He saw the accused in the store of
Cagampang at about 7:30 o’clock in the evening of December 30, 1980. He heard gunshots
coming from the inside the store, and saw the people scampering away.

The record also shows that the accused together with his companion fled after killing
Cagampang and taking his firearm. Their flight was an implied admission of guilt.

DISPOSITIVE PORTION:

WHEREFORE, the judgment is affirmed and the civil indemnity payable to the heirs
of Julious Cagampang is increased to P30,000.00 which previously P12,000.00