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4. People Clemente, et al, GR No. L-23463, Sept.
28, 1967
Title: PEOPLE OF THE PHILIPPINES vs. CARLOS CLEMENTE and ROSALIO CLEMENTE,
G.R. No. L-23463 September 28, 1967
Statement of the case:
Appeal from the decision of the Court of First Instance of Samar Carlos Clemente and Pascual Clemente of the crime of murder, and Rosalio Clemente, of homicide, and sentencing them accordingly, for the death of one Reyes Matnog.
Statement of Facts:
The case involves the People of the Philippines as the plaintiff-appellee and Carlos Clemente, Pascual Clemente, and Rosalio Clemente as the defendants-appellants.
The incident occurred on February 5, 1962, at around 3 PM in barrio San Miguel, Lavezares, Samar.
Reyes Matnog, the barrio lieutenant of barrio MacArthur, was fatally wounded by multiple stab wounds and lacerations.
The autopsy report indicated that Matnog sustained several injuries, including stab wounds to the arm, chest, abdomen, and back, leading to his death from profuse internal hemorrhage.
The Chief of Police of Lavezares, Victorino F. de Leon, investigated the crime scene and based on statements from witnesses Basilio Pornelos and Isabel Medala, identified the Clemente brothers as the assailants.
On March 15, 1962, the three brothers were formally charged with murder.
During the trial, the prosecution presented testimonies from Dr. Antonio Ofiana, Chief of Police de Leon, and an eyewitness, Pablito Seriguini.
The defense presented alibis and claimed self-defense.
Issue:
Whether the three brothers, Carlos, Pascual, and Rosalio Clemente, were criminally liable for the death of Reyes Matnog Whether the trial court erred in convicting them of murder and homicide, respectively, based on the evidence presented, including the credibility of the eyewitness, the claim of self-defense by Rosalio, and the alibi of Carlos
Ruling:
The Court reduced the penalties imposed, and applying the Indeterminate Sentence law, Rosalio Clemente is decreed to suffer a minimum of eight (8) years and one (1) day of prision mayor and a maximum of thirteen (13) years of reclusion temporal. Carlos and Pascual Clemente shall each undergo imprisonment for not less than three (3) years of prision correccional and not more than eight (8) years and one (1) day of prision mayor. Doctrine:
Mitigated by his voluntary surrender to the authorities; and that the trial court erred in not so holding. That the surrender was induced by his fear of retaliation by the victim's relatives does not gainsay the spontaneity of the surrender, nor alter the fact that by giving himself up, this accused saved the State the time and trouble of searching for him until arrested.
Case Digest:
Title: People of the Philippines v. Romeo Chavez G.R. No.: L-40884 November 28, 1983
Statement of the Case:
This is an appeal filed by Romeo Chavez, convicted by the Court of First Instance of Rizal, Pasay City Branch 29, for the crime of murder (against Dominador Andon) and attempted murder (against Wenceslao Sante). Chavez was sentenced to reclusion perpetua for the murder and a prison term for attempted murder. Chavez appealed, asserting errors in his conviction.
Statement of Facts: On April 19, 1971, Romeo Chavez, together with co-accused Roberto De Leon and three other individuals, ambushed and assaulted Dominador Andon and Wenceslao Sante in Pasay City. Sante was stabbed in the back by De Leon, while Andon was surrounded by the assailants, stabbed in the back by De Leon, and in the chest by Chavez. Andon died from his injuries, while Sante survived. Chavez, claiming an alibi, said he was washing a car at the time of the incident, with his employer and another person testifying in his favor. However, the trial court rejected his alibi and convicted him based on the prosecution's evidence.
Issue:
1. Whether the trial court erred in convicting Romeo Chavez of murder and attempted murder. 2. Whether there was sufficient evidence to establish Chavez's involvement in the crimes, including the presence of conspiracy and treachery.
Ruling: The Supreme Court affirmed the trial court’s conviction of Romeo Chavez as a co-principal in the murder of Andon but reversed his conviction for attempted murder of Sante. The Court held that while Chavez did not participate in the attack on Sante, he was involved in the ambush and fatal assault on Andon. The prosecution presented sufficient evidence to prove conspiracy and treachery, which qualified the killing of Andon as murder. Chavez's defense of alibi was not credible, and the Court rejected it, finding that his house was near the crime scene and his employer’s residence was far from the location.
Doctrine:
1. Conspiracy may be inferred from the joint and coordinated actions of the accused, showing a common design to commit the crime. 2. Treachery is present when the attack is sudden and unexpected, and the victim is unarmed, ensuring the assailant's superiority and the victim's inability to defend themselves. This circumstance qualifies the crime as murder.
United States of America Ex Rel. Charles Joseph v. J. Edwin Lavallee, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellant, 415 F.2d 150, 2d Cir. (1969)
