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People V Mosende

Rudy Mosende was accused of murdering 15-year-old Carlo Alipao in 1986. Two witnesses testified that Mosende forced them to bury Alipao's body under threats to their families. Alipao's remains were later discovered in a shallow grave. The trial court found Mosende guilty based on circumstantial evidence. On appeal, the appellate court affirmed the conviction, holding that circumstantial evidence can support a guilty verdict if multiple circumstances are proven beyond a reasonable doubt.

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Lotsee Elauria
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396 views1 page

People V Mosende

Rudy Mosende was accused of murdering 15-year-old Carlo Alipao in 1986. Two witnesses testified that Mosende forced them to bury Alipao's body under threats to their families. Alipao's remains were later discovered in a shallow grave. The trial court found Mosende guilty based on circumstantial evidence. On appeal, the appellate court affirmed the conviction, holding that circumstantial evidence can support a guilty verdict if multiple circumstances are proven beyond a reasonable doubt.

Uploaded by

Lotsee Elauria
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs., defendant-appellant GR No.

FACTS On September 18, 1986, Carlo Lelot Alipao, 15, left his home with two friends to visit another friend, Rudy Mosende. Benceslao Resullar, Jr. and Fidelino Balaga, stated in their narrative that they were asked by Mosende to bury the cadaver in the hole he had made them dig under threats of him killing them. Mosende said it was Lelot they had buried and if they told anyone their families would be slain with them. Benceslao and Fidelino fled to another city and returned only after Mosende was arrested and revealed what they knew to the authorities. Carlo Alipao's remains were discovered after 7 months or so. Gloria Alipao dreamed that her son was buried somewhere in the place of Mosende. The remains of Carlo Alipao, identified by Mrs. Alipao, were eventually exhumed. The autopsy concluded that the victim probably died of intra-cranial or brain hemorrhage. An information was filed on June 10, 1987 in the RTC accusing Rudy Mosende, and the two said friends of Alipao initially, but concluded only against Rudy Mosende. DECISION COURT OF ORIGIN The Trial Court found Mosende guilty of the murder of Carlo Alipao, on the basis of circumstantial evidence ISSUE W/N motive is essential in determining guilt DECISION APPELLATE COURT The Court AFFIRMED the judgment of the trial court. It held that the law is that circumstantial evidence will support and justify a verdict of conviction if there be more than one circumstance, if the facts from which the inferences are derived are proven, and the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.

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