Crime People Vs Aleta Digest April 16, 2009

The appellant in this case are Marcelo Aleta et al.
, who are charged and convicted by the RTC of Ilocos

Norte for the crime of Murder. April 7, 2009
Facts: That on May 22, 1994 the all the petitioners conspiring, confederating and mutually helping one
another, with intent to kill and with abuse of strength, did and there willfully, unlawfully and feloniously
strike and club with the use of hard objects to Fernado Acob and Celestino Duldulao inflicting upon
injuries which caused their death as a consequence thereof.
That according to the testimony of Marina’s (Acob’s mother) one of the victim, when the commission
happened at the appellants compound, she saw one of the appellant striking her son twice at the back
of his head causing fell on the ground. Thereafter, she also saw another appellants who began striking
another victim’s using the pieces of woods. And even while victim were already lying on the ground, the
appellants still continued to hit the victim.
Later the 2 victims died due to hemorrhage because of the multiple wounds and fractures caused by the
appellants. And later also all of the appellants surrendered to the authority.
Upon the trial Ferdinand and Marlo were interposed self-defense and defense or relative respectively.
That when the incidents happens the victim Acob uttering a bad words towards them and drew out a
knife about 6 inches long and tried to stab them but unfortunately, the victim fell on the ground so they
took a piece of wood and struck the victim. The other victim Duldulao who emerged at about 10 meters,
who tried also to attacked them, suddenly Marlo attacked Duldulao who which fell on the ground.
Marcelo, Jovito and Rogellio’s on one hand, alibi that they were inside their house attending to a sick
relative during the incidents, and denied the participations of the said crime.
But the Court did not satisfied the alibi and self-defense interposed by the appellants, and convicted all
of them by the crime of murder and sentenced each of them to suffer the death penalty and to pay
jointly the heirs of the victims of 250,000.00.
They appealed to C.A., but the C.A. affirmed the conviction and modified the damage award, modified
also the penalty from death to reclusion perpetua because in the absence of any mitigating or
aggravating circumstances.
Issue: Whether or not all of the appellants are guilty of the crime of murder by conspiracy and proposal
to commit felony?
Held: Yes. The Court found that all of the appellants are guilty of the crime of murder by conspiracy and
proposal to commit felony.
The court sustained the testimony of the witness, deserves full faith and credit where exist no evidence
to show any dubious reason or improper motive they should testify against the accused, or why they
should implicate the accused in serious offense.
The Court did not satisfied the self-defense or defense of relatives alibi of the appellants, because are
inherently weak defense which, as experience has shown, can easily be fabricated.
In invoking self-defense or defense of relatives the elements must be present; 1 that there must be
unlawful aggression on the part of the victim; 2 reasonable necessity of the means employed by the
accused to prevent or repeal the unlawful aggression; and 3 lack of provocation on the part of the
accused defending himself.
For the accused to be entitled to exoneration based on self-defense or defense of relatives, complete or
incomplete, it is essential that there must be unlawful aggression on the part of the victim, for if there is
no unlawful aggression, there would be nothing to prevent or repeal. For unlawful aggression to be
appreciated, there must be an actual, sudden an unexpected attack or imminent danger thereof, not
merely a threatening or intimidating attitude.
But in this case, even assuming that the victim was indeed the aggressor, the aggressor ceased the
moment he disarmed and already lying on the ground after being struck by Marlo. Even Marlo’s account
that Duldulao approached with a piece of wood above his head, the same, albeit intimidating, cannot be
said to reek of imminent and actual danger. When Marlo then continued to club Acob while in a prone
position, and struck Duldulao after had fallen, self-defense and defense or relative no longer avail.
Thus, It is settled that the moment the first aggressor runs away, unlawful aggression on the part of the
first aggressor ceases to exist; and when unlawful aggression ceases, the defender no longer has any
right to kill or wound the former aggressor; otherwise, retaliation and not self-defense is committed.
However, In this case, Marlo did not thus intend to merely repel the alleged attack. He wanted to be
sure that the two victims would not survive.
And for the alibi,of Marcelo, Rogellio and Jovito the court did not satisfied. for it to prosper, it must be
shown that it was physically impossible for them to have been at the scene of the crime at the
approximate time of its commission. That they were in Marcelo’s house attending to a relative who was
allegedly having difficulty breathing, did not render it impossible for them to have been at the scene of
the crimes, the house being a mere 13.5 meters away, 17 more or less. Besides, it is impossible that they
could not have noticed the commotion that preceded and attended the incidents.
It bears noting that appellants enjoyed superiority in number (five) over the two victims, clearly showing
abuse of superior strength and that the force used by them was out of proportion to the means of
defense available to the victims.
Hence, the appeal is denied. Affirmed the decision rendered by the C.A.

Crime People Vs Aleta Digest April 16, 2009

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Crime People Vs Aleta Digest April 16, 2009

Uploaded by

Copyright:

Available Formats

The appellant in this case are Marcelo Aleta et al.

, who are charged and convicted by the RTC of Ilocos

You might also like