Chapter 9 - Assignment (Cpclj3) Rebie Gigataras
Chapter 9 - Assignment (Cpclj3) Rebie Gigataras
Chapter 9 - Assignment (Cpclj3) Rebie Gigataras
OLTAA7 – TA180081
Facts:
That on or about the 7th day of July, 1994 in the City of Iloilo, Philippines
and within the jurisdiction of this Court, said accused, armed with a knife,
conspiring and confederating with Marco Aguirre who is still at large, working
together and helping one another, with deliberate intent and with violence
employed upon the person of Hernandez Abatay, that is by stabbing him with the
said knife, with which the accused was armed at the time, did then and there
wilfully, unlawfully and criminally take and carry away with intent to gain one (1)
Seiko Divers wristwatch valued at P300.00 and cash of P15.00 owned by
Hernandez Abatay and as a consequence of the stab wounds suffered by
Hernandez Abatay at the hands of the accused, the said Hernandez Abatay died
a few days thereafter.
Wherefor, the accused Zaldy Mendoza y Sevilla is hereby found guilty
beyond reasonable doubt of the crime of Robbery with Homicide under Article
294 of the Revised Penal Code, as amended nu Republic Act 7659, is hereby
punished with imprisonment of Reclusion Perpetua to Death, to pay the heirs of
the victim P75,000.00 as actual damages and to pay civil indemnity of
P50,000.00.
ISSUE:
THE TRIAL COURT ERRED IN CONVICTING ACCUSED ZALDY
MENDOZA Y SEVILLA OF A CAPITAL OFFENSE ON INSUFFICIENT
EVIDENCE.
GIGATARAS, REBIE N. OLTAA7 – TA180081
If it is of conviction, the judgment shall state (a) the legal qualification of the
offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending the commission thereof, if there be any; (b)
the participation of the accused in the commission of the offense, whether as
principal, accomplice, or accessory after the fact; (c) the penalty imposed upon
the accused; and (d) the civil liability or damages caused by the wrongful act to
be recovered from the accused by the offended party, if there be any, unless the
enforcement of the civil liability by a separate action has been reserved or
waived.
In case of acquittal, unless there is a clear showing that the act from which the
civil liability might arise did not exist, the judgment shall make a finding on the
civil liability of the accused in favor of the offended party.
GIGATARAS, REBIE N. OLTAA7 – TA180081
FACTS:
On 23 December 1995, at around 9:00 p.m., Federico Gamayon and his
15-year-old son Crisanto, who was riding on a carabao, and 6-year old nephew
Joemar, 16 who was riding on the sled, were on their way home to Tinagong
Dagat from Sandoval, Narra, Palawan, where they had sold copra to a certain
Gabileo. When they were near the house of accused Gonzalo Galas, Federico
was called by Gonzalo. When Federico approached Gonzalo, the latter suddenly
hacked Federico with a bolo. 17 Federico fell to the ground, 18 then accused
Josue Galas, Noe Galas, Dimas Acma, and Maximo Delgado "ganged up" on
Federico, according to Crisanto, 19 or "helped each other in mauling" Federico,
according to Joemar. 20 Josue Galas hacked Federico with a bolo, while Noe
Galas, Dimas Acma, and Maximo Delgado were armed with pieces of wood. 21
Federico was unable to fight back; he could not even unsheath his bolo from its
scabbard. 22
Crisanto Gamayon could not do anything to help his father because he was
afraid; moreover, the accused ran after him. 23 Crisanto ran to his uncle for help,
but the latter was not in his house. 24 Crisanto did not return to the crime scene
until the next day 25 and after the incident was reported to the police authorities.
Federico lay there until the next day when the police and Dr. Dominador Hubo,
the municipal health officer, arrived to transport and examine Federico’s cadaver.
GIGATARAS, REBIE N. OLTAA7 – TA180081
Dr. Hubo conducted the autopsy, and his findings are quoted verbatim: 26
The cadaver in the state of rigor mortiz [sic] wearing red jacket and red short
pants. The cadaver is covered with a twig and leaves of cacawate tree and a
small plastic canvass in a right side double up position. Several bloods scattered
the water where he is laying and a dry place. The cadaver is located
approximately 200 yards from the house of Mr. Galas.
ISSUE:
Whether he voluntarily surrendered or was arrested is unclear from the
record. Since the other accused remained outside the jurisdiction of the court and
the warrants for their arrest had not been returned, Judge Guerra, on 12 July
1988, again directed the Station Commander of Narra, Palawan, to explain why
he should not be held for indirect contempt.
FACTS:
That on the 16th day of May, 1990 at about 7:00 o'clock in the evening at
Sitio San Pedro, Barangay Lubusan, Municipality of Lapuyan, Province of
Zamboanga del Sur, Philippines, and within the jurisdiction of this Honorable
Court, the abovenamed accused conspiring and confederating together and
mutually helping one another, the two of said accused being armed with a pistol
and a knife respectively, with intent to gain and by means of violence did then
and there willfully, unlawfully and feloniously take and rob (sic) the spouses Mr.
and Mrs. Nicanor Gonzales of the sum of Five Hundred (P500.00) Pesos and
pursuant to said conspiracy and by reason and on the occasion thereof, the
abovenamed accused did then and there willfully, unlawfully and feloniously stab
and inflict injuries upon Nicanor Gonzales which caused the latter's death
immediately thereafter.
Act contrary to Article (sic) 293 and 294 of the Revised Penal Code.
ISSUE:
whether a child is of sufficient intelligence according to the foregoing
requirements is addressed to the sound judgment of the trial court. In the instant
GIGATARAS, REBIE N. OLTAA7 – TA180081
case, this Court finds no cogent reason to disturb the trial court's assessment
regarding Elizabeth's credibility as a witness.
vs.
GUILLERMO LOMAQUE, Accused-Appellant.
Facts:
Appellant was charged under separate Informations for 13 counts of Rape
by Sexual Intercourse allegedly committed against his stepdaughter "AAA"
In addition, appellant was also charged with Acts of Lasciviousness in
relation to Section 5 of Republic Act (RA) No. 7610
At arraignment, appellant entered a plea of not guilty to all the
Informations.
Version of the Prosecution
AAA was born... to BBB by her first husband.
She was about eight (8) years old at the time Lomaque started
abusing/molesting her.
The first act of molestation happened on May 8, 1993 when Lomaque
asked AAA to remove his growing mustache and take out white hair from his
head.
Lomaque, while lying on AAA's lap, started to smell and sniff her private
parts, and thereafter inserted his finger inside her... vagina.
AAA told her mother that accused appellant... touched her private parts.
AAA was awakened by Lomaque who... embraced her and slowly
removed her shorts, and immediately inserted his penis into her vagina. She was
then only [11] years old.
BBB was in the hospital, Lomaque again sexually abused AAA, this time
removing all the clothes of AAA, and thereafter inserting his penis into her
vagina. AAA could not shout as Lomaque, with a gun, threatened to kill her and
her mother if she reported... the incident.
AAA could not do anything as she recalled
Lomaque's threat to kill her and her mother if she reported the matter to
BBB.
GIGATARAS, REBIE N. OLTAA7 – TA180081