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  • People v. Delim

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    Mario Moreno
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    This document summarizes a court case, People V. Delim, from January 27, 1999. It describes how Marlon, Robert, and Ronald Delim barged into Modesto's home armed with guns, took him away, and he was later found dead with five gunshot wounds and seven stab wounds. The issue is whether Marlon, Robert, and Ronald had specific intent to kill Modesto. The court ruled yes, finding them guilty of homicide, as the use of guns and knives, along with the nature and number of wounds, provided evidence of their intent to kill Modesto.

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    This document summarizes a court case, People V. Delim, from January 27, 1999. It describes how Marlon, Robert, and Ronald Delim barged into Modesto's home armed with guns, took him away, and he was later found dead with five gunshot wounds and seven stab wounds. The issue is whether Marlon, Robert, and Ronald had specific intent to kill Modesto. The court ruled yes, finding them guilty of homicide, as the use of guns and knives, along with the nature and number of wounds, provided evidence of their intent to kill Modesto.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    24 views2 pages

    People v. Delim

    Uploaded by

    Mario Moreno
    This document summarizes a court case, People V. Delim, from January 27, 1999. It describes how Marlon, Robert, and Ronald Delim barged into Modesto's home armed with guns, took him away, and he was later found dead with five gunshot wounds and seven stab wounds. The issue is whether Marlon, Robert, and Ronald had specific intent to kill Modesto. The court ruled yes, finding them guilty of homicide, as the use of guns and knives, along with the nature and number of wounds, provided evidence of their intent to kill Modesto.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    People V.

    Delim
    G. R. No. 142773 , 27 July 1943

    G.R. No. 142773             January 28, 2003

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 


    vs.
    MARLON DELIM, LEON DELIM, MANUEL DELIM alias "BONG" (At Large), ROBERT
    DELIM (At Large), and RONALD DELIM alias "BONG", accused-appellants.

    CALLEJO, SR., J.:

    PONENTE: CALLEJO, SR., J.

    FACTS:

    On January 23, 1999, at around 6:30 in the evening, Modesto, Rita and Randy
    were preparing to have their supper in their home. They were about to eat their dinner
    when Marlon, Robert and Ronald all surnamed Delim suddenly barged into the house
    and closed the door. Each of the three intruders was armed with a short handgun.
    Marlon poked his gun at Modesto while Robert and Ronald simultaneously grabbed
    and hog-tied the victim. A piece of cloth was placed in the mouth of Modesto.
    Marlon, Robert and Ronald herded Modesto out of the house on their way towards the
    direction of Paldit, Sison, Pangasinan. Leon and Manuel, who were also armed with
    short handguns, stayed put by the door to the house of Modesto and ordered Rita and
    Randy to stay where they were. Leon and Manuel left the house of Modesto only at
    around 7:00 a.m. the following day, January 24, 1999. Randy rushed to the house of
    his uncle, Darwin Niño, at Sitio Labayog, informed the latter of the incident the night
    before and sought his help for the retrieval of Modesto. Randy was advised to report
    the matter to the police authorities. However, Randy opted to first look for his father.
    He and his other relatives scoured the vicinity to locate Modesto to no avail. They
    proceeded to Paldit, Sison, Pangasinan, around 200 meters away from Modesto's
    house, to locate Modesto but failed to find him there. Randy looked for his father. At
    around 3:00 in the afternoon of January 27, 1999, Randy, in the company of his
    relatives, Nida Pucal, Pepito Pucal, Bernard Osias and Daniel Delim, returned to the
    housing project in Paldit, Sison, Pangasinan and this time they found Modesto under
    thick bushes in a grassy area. He was already dead. He sustained five gunshot wounds
    and knife wounds on his arms. Marlon, Ronald and Leon interposed denial and alibi.

    ISSUE:

    Whether or not the accused Marlon, Robert and Ronald Delim had specific intent
    to kill the victim Modesto.

    RULLING:
    Yes.
    To prove the felony of homicide or murder, there must be incontrovertible
    evidence, direct or circumstantial, that the victim was deliberately killed (with
    malice); in other words, that there was intent to kill. Such evidence may consist inter
    alia in the use of weapons by the malefactors, the nature, location and number of
    wounds sustained by the victim and the words uttered by the malefactors before, at
    the time or immediately after the killing of the victim. If the victim dies because of a
    deliberate act of the malefactor, intent to kill is conclusively presumed.

    In the case at bar, the prosecution adduced the requisite quantum of proof
    of corpus delicti. Modesto sustained five (5) gunshot wounds. He also sustained seven
    (7) stab wounds,29 defensive in nature. The use by the malefactors of deadly weapons,
    more specifically handguns and knives, in the killing of the victim as well as the
    nature, number and location of the wounds sustained by said victim are evidence of
    the intent by the malefactors to kill the victim with all the consequences flowing
    therefrom.

    In light of all the foregoing, the decision of the trial court is affirmed with
    modification. accused-appellants Marlon Delim, Ronald Delim and Leon Delim are
    hereby found guilty beyond reasonable doubt of the felony of Homicide.

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