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People V Flora Digest

Hermogenes and Edwin Flora conspired to kill Ireneo Gallarte at a dance party. During the party, Hermogenes fired shots, hitting and killing Ermita and Ireneo, and injuring Flor. Hermogenes was convicted of two counts of murder and attempted murder, while Edwin was only convicted of Ireneo's murder because the evidence only showed a conspiracy to kill Ireneo, not the other victims. The Supreme Court reversed, finding that while both could be convicted for Ireneo's murder as co-conspirators, only Hermogenes who fired the shots could be convicted for the crimes against Emerita and Flor.

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950 views2 pages

People V Flora Digest

Hermogenes and Edwin Flora conspired to kill Ireneo Gallarte at a dance party. During the party, Hermogenes fired shots, hitting and killing Ermita and Ireneo, and injuring Flor. Hermogenes was convicted of two counts of murder and attempted murder, while Edwin was only convicted of Ireneo's murder because the evidence only showed a conspiracy to kill Ireneo, not the other victims. The Supreme Court reversed, finding that while both could be convicted for Ireneo's murder as co-conspirators, only Hermogenes who fired the shots could be convicted for the crimes against Emerita and Flor.

Uploaded by

Benilde Dungo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE v.

FLORA
Case Name
People of the Philippines v. Hermogenes Flora and Edwin Flora
Topic Mistake of aim
Case No. |
125999 | 23 Jun 2000
Date
Ponente Quisumbing, J.
While in a dance party, Flora siblings conspired to kill Ireneo Gallarte. On signal Hermogenes
Case fired, hitting Ermita, and Ireneo causing their deaths, and also Flor who was gravely injured.
Summary Hermogenes was convicted on 2 accounts of murder, and attempted murder, while Edwin was
convicted for only the murder of Ireneo
Decision Petitioner was convicted.
Doctrine

RELEVANT FACTS
 The accused sought the reversal of the decision dated November 7, 1995 which found them guilty
beyond reasonable doubt of the crimes double murder and attempted murder.
 Three separate informations:
 Januray 10, 1993: Accused Hermogenes Flora conspiring with Edwin Flora, while conveniently
armed with a caliber .38 attack, assault and shoot with the said firearm one EMERITA ROMA y
DELOS REYES, thereby inflicting upon the latter gunshot wounds on her chest which caused her
immediate death
 Januray 10, 1993: Accused Hermogenes Flora conspiring with Edwin Flora, while conveniently
armed with a caliber .38 attack, assault and shoot with the said firearm one IRENEO GALLARTE
y VALERA,thereby inflicting upon the latter gunshot wounds on her chest which caused her
immediate death
 Januray 10, 1993: Accused Hermogenes Flora conspiring with Edwin Flora, while conveniently
armed with a caliber .38 attack, assault and shoot with the said firearm one FLOR ESPINAS y
ROMA, hitting the latter on her shoulder, and inflicting upon her injuries which, ordinarily, would
have caused her death, thus, accused performed all the acts of execution which could have
produced the crime of Murder as a consequence but which, nevertheless did not produce it by
reason of a cause independent of their will, that is, by the timely and able medical attendance given
the said Flor Espinas y Roma, which prevented her death,

RATIO DECIDENDI
Issue Ratio
W/N the petitioner YES.
is guilty of killing
of the 2 bystanders  Co-conspirators are liable only for acts done pursuant to the conspiracy. For
other acts done outside the contemplation of the co-conspirators or which are
not the necessary and logical consequence of the intended crime, only the
actual perpetrators are liable. Evidence only shows conspiracy to kill Ireneo
and no one else. Hence, both can be convicted for the murder of Ireneo.
However, only Hermogenes who fired at Emerita and Flor can be convicted
for the murder of Emerita and Flor respectively.

RULING
WHEREFORE, the appealed decision is REVERSED and the accused-petitioner is hereby ACQUITTED
of the crime charged.

SEPARATE OPINION/S

NOTES

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