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    050 People v. Ricaplaza

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    RS Suyosa
    The three accused - Rico, Demetrio, and Eddie Ricaplaza - claimed self-defense in the killing of Romeo. However, witness testimony and autopsy reports contradicted their account. The court found that the prosecution established the accused stabbed and killed the victim. While self-defense was claimed, the accused failed to prove Romeo was the aggressor or that the force used was reasonably necessary. The court found the accused guilty of murder. However, as Demetrio died pending appeal, his criminal liability was extinguished under Article 89 of the Revised Penal Code, which states that criminal liability is extinguished upon the death of the offender before final judgment.

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    050 People v. Ricaplaza

    Uploaded by

    RS Suyosa
    104 views2 pages
    The three accused - Rico, Demetrio, and Eddie Ricaplaza - claimed self-defense in the killing of Romeo. However, witness testimony and autopsy reports contradicted their account. The court found that the prosecution established the accused stabbed and killed the victim. While self-defense was claimed, the accused failed to prove Romeo was the aggressor or that the force used was reasonably necessary. The court found the accused guilty of murder. However, as Demetrio died pending appeal, his criminal liability was extinguished under Article 89 of the Revised Penal Code, which states that criminal liability is extinguished upon the death of the offender before final judgment.

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    peo v ricaplaza

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    The three accused - Rico, Demetrio, and Eddie Ricaplaza - claimed self-defense in the killing of Romeo. However, witness testimony and autopsy reports contradicted their account. The court found that the prosecution established the accused stabbed and killed the victim. While self-defense was claimed, the accused failed to prove Romeo was the aggressor or that the force used was reasonably necessary. The court found the accused guilty of murder. However, as Demetrio died pending appeal, his criminal liability was extinguished under Article 89 of the Revised Penal Code, which states that criminal liability is extinguished upon the death of the offender before final judgment.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views2 pages

    050 People v. Ricaplaza

    Uploaded by

    RS Suyosa
    The three accused - Rico, Demetrio, and Eddie Ricaplaza - claimed self-defense in the killing of Romeo. However, witness testimony and autopsy reports contradicted their account. The court found that the prosecution established the accused stabbed and killed the victim. While self-defense was claimed, the accused failed to prove Romeo was the aggressor or that the force used was reasonably necessary. The court found the accused guilty of murder. However, as Demetrio died pending appeal, his criminal liability was extinguished under Article 89 of the Revised Penal Code, which states that criminal liability is extinguished upon the death of the offender before final judgment.

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    © All Rights Reserved
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    BY CLAIMING SELF-DEFENSE, THE BURDEN RESTS UPON APPELLANTS TO SHOW

    THAT THE KILLING WAS JUSTIFIED

    CRIMINAL LIABILITY EXTINGUISHED WHEN DEATH OF OFFENDER OCCURS BEFORE


    FINAL JUDGMENT

    MURDER; EXTINGUISHMENT OF CRIMINAL LIABILITY


    PEOPLE v. RICAPLAZA|
    G.R. No. 205151. September 16, 2015

    Deceased Romeo was killed inside the fenced premises of the residence of accused
    Eddie and his wife Alma Ricaplaza where both accused Rico and Demetrio were at the time.
    Accused Rico and his sister-in-law, Alma, testified that the deceased arrived in the house of the
    latter and stabbed Rico. The ensuing facts and the participation of the three (3) accused in the
    stabbing incident which caused the death of Romeo, which qualified the crime to murder, have
    been testified to by Gilbert Tupas. The testimony of Tupas also revealed the identity of the
    person of accused Rico who inflicted the other stab wound on the stomach of Romeo. The
    testimony of Tupas as well as the medical findings on the injuries/stab wounds inflicted on
    Romeo further debunks and completely demolished the declaration of self-defense by Rico, for
    if it was true that Romeo had initially stabbed him, Rico must have been able to wrestle the knife
    from Romeo thereby ending the unlawful aggression to his (Rico) person, by Romeo, as he was
    seen together with his father Demetrio stabbing Romeo while his brother Eddie was holding the
    right arm of Romeo. Further, the testimony of Alma and Rico that Romeo was drunk at the time
    is not supported or corroborated by the autopsy report on Romeo's cadaver. Finding the
    qualifying circumstance of abuse of superior strength to have attended the killing, the trial court
    found appellants guilty beyond reasonable doubt of murder and disposed of the case in this
    wise. Pending appeal, appellant Demetrio died.

    RELATED TOPICS
    1.) Murder; Qualifying Circumstance Abuse of Superior Strength
    2.) Art. 89 Extinguishment of criminal liability.

    ISSUE
    Are the accused justified in killing Romeo?
    Does Demetrio, now deceased, remain to be criminally liable?

    RULING
    NO. The fact remains that the prosecution satisfactorily established that appellants
    were the ones who stabbed and killed the victim. Moreover, it must be stressed that by
    claiming self-defense, the burden rests upon appellants to show that the killing was justified.
    As correctly observed by the RTC and the CA, appellants miserably failed to prove that the
    victim was the unlawful aggressor. Their self-serving testimonies are not only
    unsubstantiated and bereft of any corroboration, but also belied by the physical evidence.
    They also failed to prove the reasonable necessity of the means employed to repel or
    prevent the alleged attack coming from the victim.
    NO. As regards appellant Demetrio, his criminal liability was totally extinguished by
    virtue of his death before final judgment.
    Article 89 of the Revised Penal Code pertinently provides:
    Article 89. How criminal liability is totally extinguished. Criminal
    liability is totally extinguished:
    1. By the death of the convict, as to the personal penalties; and as to
    pecuniary penalties, liability therefore is extinguished only when the death of
    the offender occurs before final judgment
    VERDICT: GUILTY; MURDER

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