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    PP vs. Agapinay (#47)

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    justine bayos
    The Supreme Court of the Philippines reviewed the conviction of six individuals, the Agapinay brothers, for the murder of Virgilio Paino. The court found that conspiracy had not been proven beyond a reasonable doubt, as the stabbing appeared to be spontaneous rather than premeditated. However, the court determined that provocation was a mitigating circumstance, as the deceased had uttered offensive words prior to the incident. The court sentenced three of the brothers to 10 years and 1 day to 17 years and 4 months in prison, and the other three brothers to 4 years and 1 day to 10 years in prison. The brothers were also ordered to jointly pay 30,000 pesos to the victim's heirs.

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    PP vs. Agapinay (#47)

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    justine bayos
    90 views2 pages
    The Supreme Court of the Philippines reviewed the conviction of six individuals, the Agapinay brothers, for the murder of Virgilio Paino. The court found that conspiracy had not been proven beyond a reasonable doubt, as the stabbing appeared to be spontaneous rather than premeditated. However, the court determined that provocation was a mitigating circumstance, as the deceased had uttered offensive words prior to the incident. The court sentenced three of the brothers to 10 years and 1 day to 17 years and 4 months in prison, and the other three brothers to 4 years and 1 day to 10 years in prison. The brothers were also ordered to jointly pay 30,000 pesos to the victim's heirs.

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    Pp vs agapinay

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    Pp vs. Agapinay (#47)

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    The Supreme Court of the Philippines reviewed the conviction of six individuals, the Agapinay brothers, for the murder of Virgilio Paino. The court found that conspiracy had not been proven beyond a reasonable doubt, as the stabbing appeared to be spontaneous rather than premeditated. However, the court determined that provocation was a mitigating circumstance, as the deceased had uttered offensive words prior to the incident. The court sentenced three of the brothers to 10 years and 1 day to 17 years and 4 months in prison, and the other three brothers to 4 years and 1 day to 10 years in prison. The brothers were also ordered to jointly pay 30,000 pesos to the victim's heirs.

    Copyright:

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

    PP vs. Agapinay (#47)

    Uploaded by

    justine bayos
    The Supreme Court of the Philippines reviewed the conviction of six individuals, the Agapinay brothers, for the murder of Virgilio Paino. The court found that conspiracy had not been proven beyond a reasonable doubt, as the stabbing appeared to be spontaneous rather than premeditated. However, the court determined that provocation was a mitigating circumstance, as the deceased had uttered offensive words prior to the incident. The court sentenced three of the brothers to 10 years and 1 day to 17 years and 4 months in prison, and the other three brothers to 4 years and 1 day to 10 years in prison. The brothers were also ordered to jointly pay 30,000 pesos to the victim's heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    SUPREME COURT

    G.R. No. 77776 June 27, 1990

    PEOPLE vs. AGAPINAY

    Ponente: SARMIENTO, J.:

    FACTS:

    On April 11, 1983, the then Acting Provincial Fiscal of Cagayan, Alejandro Pulido, filed an
    information accusing Romeo, Alex, Fortunato, Dante, Delfin, and Cirilo, all surnamed Agapinay,
    of murder, as a consequence of the fatal stabbing of Virgilio Paino on April 13, 1981. The same
    reads as follows:

    That on or about April 13, 1981, in the municipality of Gonzaga, province of Cagayan, and
    within the jurisdiction of this Honorable Court, the said accused, Romeo Agapinay, Alex
    Agapinay, Fortunate Agapinay, Dante Agapinay, Delfin Agapinay and Cirilo Agapinay, armed
    with bolos (lilit) and stones, conspiring together and helping one another, with intent to kill, with
    evident premeditation, with treachery and with abuse of superior strength, did then and there
    wilfully, unlawfully and feloniously assault, attack, chase, stone and stab, one, Virgilio Paino,
    inflicting upon him wounds on his body which caused his death.

    On arraignment, all six accused pleaded "not guilty."

    The defense pictured Virgilio as having been drunk at that time, and that he came on strong
    without provocation, haranguing the Agapinays for two hours. And the accused claims “defense
    of relative”.

    The trial judge rejected the accused's claim of defense of relative and convicted all six accused of
    the crime of murder, attended by treachery. It was also noted that it was not Virgilio who
    assaulted Cirilo and Delfin Agapinay with a knife, but rather, Eufemio Paino. It was held that the
    Agapinays cannot thus say that they had been defending themselves (against Virgilio).

    The lower court also found that the Agapinays had conspired to kill Virgilio Paino and thus held
    them, in the dispositive portion of its decision, "all principals by participation."

    ISSUE:

    WON there was conspiracy in the commission of the felony and therefore all are liable as co-
    principals in the crime of murder

    HELD:
    No. Conspiracy has not been shown beyond reasonable doubt to hold all six accused as co-
    principals in the crime of murder. As the lower court observed, the stabbing happened in the
    "spur of the moment." Conspiracy means, however, an agreement concerning the commission of
    a felony and a decision to commit it. If the tragedy was a chance stabbing, there can be no
    conspiracy to speak of. Hence, the parties' liability should be considered individually.

    The Court finds, however, that the accused should be entitled to the mitigating circumstance of
    provocation (or vindication of a grave offense or passion or obfuscation.) since clearly, the
    deceased uttered offending words ("vulva of your mother, if you are talking as if you have no
    debts, not like me, I have no debts") that made the Agapinays, especially Romeo, react violently.
    While the trial court disregarded this particular piece of evidence, the entire picture seems to
    indicate that Virgilio Paino did say bad words that made the Agapinays act in retaliation.

    WHEREFORE, Romeo, Delfin, and Fortunate, all surnamed Agapinay, are ORDERED to
    undergo an indeterminate sentence of ten (10) years and one (1) day of prision mayor maximum,
    as minimum, to seventeen (17) years, 4 months, and one (1) day of reclusion temporal
    maximum, as maximum. Alex, Dante, and Cirilo, also surnamed Agapinay, are ORDERED to
    undergo an indeterminate sentence of four (4) years and one (1) day of prision correccional, as
    minimum, to ten (10) years and one (1) day of prision mayor maximum, as maximum. All six
    accused are also ORDERED to pay, jointly and severally, to the heirs of Virgilio Paino, the sum
    of THIRTY THOUSAND (P30,000.00) PESOS. Costs against the accused.

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