SECOND DIVISION

[G.R. No. 120409. October 23, 2003]

PEOPLE OF THE PHILIPPINES, appellee, vs. WILLIAMSON PICKRELL and AUGUSTO NOLASCO, appellants. DECISION
CALLEJO, SR., J.: This is an appeal from the decision[1] of the Regional Trial Court of Pasig, Branch 166, in Criminal Case No. 88357, convicting the appellants Williamson Pickrell and Augusto (Jing) Nolasco of kidnapping for ransom and physical injuries and sentencing them to suffer the penalty of reclusion perpetua. An Amended Information was filed charging appellants and there co-accused Alexander Nolasco and Eusebia Galzote with kidnapping for ransom which reads: That on or about the 5th day of September, 1991, in the Municipality of Pasig, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping and aiding one another, did then and there willfully, unlawfully and feloniously by force, kidnap for ransom and take away in a taxicab one FAR EAST RAYMOND AUSMOLO, a 16-year-old minor from San Joaquin, Pasig, Metro Manila and brought him to a house/building in Paraaque, Metro Manila where he was detained against his will for two (2) days and while under detention, accused, through telephone calls to his mother, Mrs. Anita L. Ausmolo, demanded the amount of P100,000.00 as ransom money for his release but being unable to get the amount, accused with intent to kill, conspiring and mutually helping and aiding one another began to employ physical violence on said Far East Raymond Ausmolo, by mauling and bludgeoning him and believing him to be already dead, placed his body in a box and transported and dumped him in a trash can located in a vacant lot of the EVACOM in Barangay San Isidro, Paraaque, Metro Manila, where his body was found by the residents thereat and one Mr. Valeriano Veloso, a Barangay Councilman, sensing that there is still life left in him, brought him to the Olivares General Hospital for treatment of his injuries which said victim fortunately survived by the timely medical intervention of doctors in said hospital. Contrary to law.[2] Alexander (Cocoy) Nolasco and appellant Augusto (Jing) Nolasco were arrested, but managed to escape. Augusto was rearrested, but Alexander has remained at large. Augusto Nolasco, Williamson (Bill) Pickrell and Eusebia Galzote, when arraigned, assisted by counsel, pleaded not guilty to the crime charged.

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/120409.htm

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. Nos. 149028-30 April 2, 2003

THE PEOPLE OF THE PHILIPPINES, appellee, vs. ARMANDO CABALLERO, RICARDO CABALLERO, MARCIANO CABALLERO, JR., and ROBITO CABALLERO,accused. ARMANDO CABALLERO, RICARDO CABALLERO, and MARCIANO CABALLERO, JR., appellants. CALLEJO, SR., J.: Before the Court on automatic review is the Decision1 of the Regional Trial Court of San Carlos City, Negros Occidental, Branch 57, convicting appellants Armando Caballero, Ricardo Caballero and Marciano Caballero, Jr. of murder in Criminal Cases Nos. RTC-1217 and RTC-1218 and meting on each of them the supreme penalty of death and ordering them to pay damages; and of frustrated murder in Criminal Case No. RTC-1219 and imposing on them the penalty of reclusion perpetua. The Antecedents Teresito (Dodong) Mondragon and his family lived in a compound surrounded by a barbed-wire fence at New Sumakwel, Broce Street, San Carlos City, Negros Occidental. Living in the same compound were Ricardo Caballero and his family; and Myrna Bawin, the sister of Eugene Tayactac, and her family. Beside the compound was the house of Leonilo Broce, a nephew of Wilma Broce. In the afternoon of August 3, 1994, Armando (Baby), Robito (Bebot) and Marciano, Jr. (Jun), all surnamed Caballero, were having a drinking spree in the house of their brother Ricardo in the Mondragon Compound. At about 7:00 p.m. of said date, Eugene Tayactac and Arnold Barcuma arrived in the sari-sari store of Wilma Broce which was across the Mondragon Compound. Eugene had dinner in the store while Arnold proceeded to the house of Susana Broce, Eugenes girlfriend, for a chat. Susanas house was about 15 meters away from the store of Wilma. Momentarily, Armando arrived in the store and asked Eugene in an angry tone: "Gene mopalit ka?" (Gene, will you buy?). Eugene replied: "What is this all about? We dont have any quarrel between us." Armando left the store but stood by the gate of the barbed-wired fence of the Mondragon Compound. His brothers Ricardo, Robito and Marciano, Jr. joined him. Ricardo and Robito were armed with knives. When Wilma told Eugene that she was closing the store already, he stood up and left the store on his way to Susanas house. At that time, Myrna Bawin, who was standing by the window of their house saw her brother Eugene going out of the store and proceeding to the house of Susana. She called out to him and advised him to go home. Myrna then left the window to pacify her crying baby. As Eugene walked by the gate of the Mondragon Compound, Armando suddenly grabbed Eugene towards the compound. Eugene resisted. Spontaneously, Ricardo, Marciano, Jr. and Robito joined Armando and assaulted Eugene. Armando took the wooden pole supporting the clothesline and hit Eugene with it. The latter tried to parry the blows of the Caballero brothers, to no avail. In the process, Eugene was stabbed three times. As Eugene was being assaulted, Myrna returned to the window of her house and saw the Caballero brothers assaulting Eugene. She shouted for help for her hapless brother. Wilma, who witnessed the whole incident, was shocked to immobility at the sudden turn of events. From the nearby house of Susana, Arnold saw the commotion and rushed to the scene to pacify the protagonists. Arnold told the Caballero brothers: "Bay, what is the trouble between you and Eugene?" However, Ricardo accosted Arnold and stabbed the latter on the left side of his body. Forthwith, Robito, Marciano, Jr. and Armando ganged up on Arnold. Two of them stabbed Arnold on his forearm. Arnold fled for his life and hid under the house of a neighbor. For his part, Leonilo rushed from his house to where the commotion was. He was, however, met by Robito who stabbed him on the chest. Wounded, Leonilo retreated and pleaded to his uncle Lucio Broce for help: "Tio, help me because I am hit." The commotion stopped only upon the arrival of Teresito Mondragon who was able to pacify the Caballero brothers. They all returned to the compound. In the meantime, Lucio Broce, the uncle of Leonilo brought the injured Eugene, Leonilo and Arnold to the Planters Hospital for medical treatment. Eugene and Leonilo eventually died from the stab wounds they sustained.

http://www.lawphil.net/judjuris/juri2003/apr2003/gr_149028_2003.html

THIRD DIVISION [G.R. No. 138608. September 24, 2002] PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROLANDO TAMAYO, JULIO TAMAYO, FLORENCIO PATALINGHUG, JR., a.k.a. FELIX PATALINGHUG ,JR., and NATIVIDAD TAMAYO (ACQUITTED), Accused. FLORENCIO PATALINGHUG, JR., Accused-Appellant. DECISION CORONA, J.: Accused Rolando Tamayo, Julio Tamayo, Florencio Patalinghug, Jr.,[1 and Natividad Tamayo were charged with double murder before the Regional Trial Court of the Seventh Judicial Region (Branch 62, Oslob, Cebu) in an information dated November 29, 1994, to wit: That on October 25, 1994 at 7:30 oclock in the evening, more or less, at sitio Tubod, Cerdea, Municipality of Malabuyoc, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating and mutually helping with one another, with deliberate intent to kill, with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously assault, attack and shoot Leodegario Fuentes and Renante Fuentes, with the use of unknown caliber handgun, thereby inflicting upon them multiple gunshot wounds which caused their instantaneous death. CONTRARY TO LAW.[2 After a plea of not guilty was entered, the accused filed motions for admission to bail before the Regional Trial Court of Cebu City, Branch 20, where this case was originally raffled. However, these motions were denied by said court in an order dated March 25, 1996. With the creation and operation of RTC-Oslob, Cebu on February 15, 1996, this case was ordered unloaded from RTC-Cebu City, Branch 20, and transferred to RTC-Oslob, Cebu, Branch 62, in an amended order dated September 23, 1996. Further presentation of prosecution evidence was thereafter conducted in the latter court. The prosecution presented several witnesses. Lilia Fuentes recalled that at about 7:30 oclock in the evening of October 25, 1994, she was having dinner with her husband, Leodegario, and their six children in their house at Cerdea, Malabuyoc, Cebu, when they heard the dogs barking. Leodegario was about to check why the dogs were barking when three persons whom she identified as Rolando Tamayo, Julio Tamayo and Florencio Patalinghug, Jr., suddenly barged into their house through an unlocked kitchen door. Rolando came first, followed by Julio who was holding a flashlight and Florencio who entered last. Julio focused the flashlight on Leodegarios face and seconds later, Rolando shot Leodegario on the chest. After shooting Leodegario, Rolando fired his gun again, this time hitting Renante, 18-year old son of Leodegario and Lilia. Overcome with fear, Lilia embraced her other children who were crying. She saw Rolando aiming his gun at them. She heard three clicks from the gun but fortunately the gun did not fire. Thereafter, Rolando, Julio and Florencio left, dragging Renante out of the house. Lilia then gathered the rest of her children and, while going down the stairs of their house, Lilia saw Natividad Tamayo, the wife of Julio, hurriedly walking away from their house. Lilia and her children went to the house of their neighbor, Helen Ambos, to seek refuge. After an hour, they proceeded to the house of Amalia Fuentes, Lilias niece, and stayed there until the morning of the following day. That day, the dead body of Renante was found some 200 meters away from their house. On October 27, 1994, Lilia reported the incident to the police.[3 SPO2 Faustino Filipinas of Malabuyoc Police Station testified that at around 2 oclock in the morning of October 26, 1994, Alex Cardines, a barangay tanod of Cerdea, Malabuyoc, Cebu, reported a shooting incident, allegedly perpetrated by Rolando Tamayo, Julio and Natividad Tamayo, and Florencio Patalinghug, Jr. On October 27, 1994, Lilia lodged a complaint against the four accused for the death of her husband Leodegario and son Renante. That same morning, Rolando and Julio were arrested while Natividad and Florencio were arrested the following day.[4 Dr. Danilo Cabigon, Municipal Health Officer of Malabuyoc, Cebu, testified that he conducted a post-mortem examination on the cadavers of the victims on October 26, 1994. Dr. Cabigons autopsy showed that Leodegario sustained one gunshot wound above the right chest. He declared that Leodegario died due to hemorrhage, thoracic cavity due to gunshot wound, penetrating the big blood vessel and right lung. On the other hand, his post-mortem examination of Renantes body revealed that the victim sustained a single gunshot wound on his left chest which resulted in massive hemorrhage causing death.[5 The defense presented its own version through its witnesses.

http://www.chanrobles.com/scdecisions/jurisprudence2002/sep2002/138608.php

SECOND DIVISION

[G.R. No. 138886. October 9, 2001]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SPO1 WILFREDO LEAO, SPO1 FERDINAND MARZAN, SPO1 RUBEN B. AGUSTIN, SPO2 RODEL T. MADERAL*, SPO2 ALEXANDER S. MICU and SPO4 EMILIO M. RAMIREZ, accused, SPO1 WILFREDO LEAO, SPO1 FERDINAND MARZAN, SPO1 RUBEN B. AGUSTIN, SPO2 ALEXANDER S. MICU, and SPO4 EMILIO M. RAMIREZ, appellants. DECISION
DE LEON, JR., J.:

Before us on appeal is the Decision[1] dated April 22, 1999 of the Regional Trial Court of Manila, Branch 41, in Criminal Case No. 97-160355, finding appellants Wilfredo Leao, Ferdinand Marzan, Ruben Agustin, Alexander Micu and Emilio Ramirez, guilty of two (2) counts of murder for killing Elizer Tullao and Vicente Bauzon. The Information[2] charging the appellants and accused Rodel Maderal with double murder, reads as follows:

That on or about the 8 day of March, 1996, in the municipality of Ramon, province of Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused, being all members of the Philippine National Police of Santiago City, and taking advantage of their positions as such police officers, conspiring, confederating together and helping one another, with intent to kill and with evident premeditation, treachery, abuse of superior strength, cruelty, ignominy, employing means to afford impunity and with the use of motor vehicles, did then and there, attack and hit for several times with blunt intruments, hack and stab for several times with pointed/bladed instruments the persons of ELZER TULIAO[3] and VICENTE BAUZON, inflicting upon them multiple fractures, hack and stab wounds on the different parts of their bodies, which directly caused their deaths, after which, the said accused, in pursuance of their conspiracy, brought the cadavers of the said victims to Barangay Purok Ni Bulan in said municipality and by deliberately and inhumanly augmenting, outraging and scoffing at the corpses of the said victims and to conceal the commission of the crime, cover the corpses with rice straws and set fire upon them.
th

Contrary to law.[4]
When arraigned on June 6, 1996, appellants Alexander Micu, Ruben Agustin, Wilfredo Leao and Emilio Ramirez pleaded not guilty to the charge.[5] On November 19, 1997 appellant Ferdinand Marzan was arraigned and entered a plea of not guilty to the offense charged. [6] Their co-accused, Rodel T. Maderal, is still at large. The appellants filed a petition for bail but the same was denied on April 17, 1998.[7] http://sc.judiciary.gov.ph/jurisprudence/2001/oct2001/138886.htm