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    Moises Simangan vs. People

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    Francisken Natanawan
    A man, Moises Simangan, was convicted of homicide for killing Ernesto Flores based on witness testimony identifying him as one of the armed men involved. The court affirmed the conviction, finding the witness identification and Simangan's own admission to involvement sufficient evidence of guilt. However, it modified the penalty to not include aggravating circumstances of cruelty and nighttime since these were not alleged in the information charging Simangan. The decision discusses the crime of homicide under the Revised Penal Code and procedural rules for specifying aggravating circumstances in an information.

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    Moises Simangan vs. People

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    Francisken Natanawan
    28 views2 pages
    A man, Moises Simangan, was convicted of homicide for killing Ernesto Flores based on witness testimony identifying him as one of the armed men involved. The court affirmed the conviction, finding the witness identification and Simangan's own admission to involvement sufficient evidence of guilt. However, it modified the penalty to not include aggravating circumstances of cruelty and nighttime since these were not alleged in the information charging Simangan. The decision discusses the crime of homicide under the Revised Penal Code and procedural rules for specifying aggravating circumstances in an information.

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    23. Moises Simangan vs. People

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    A man, Moises Simangan, was convicted of homicide for killing Ernesto Flores based on witness testimony identifying him as one of the armed men involved. The court affirmed the conviction, finding the witness identification and Simangan's own admission to involvement sufficient evidence of guilt. However, it modified the penalty to not include aggravating circumstances of cruelty and nighttime since these were not alleged in the information charging Simangan. The decision discusses the crime of homicide under the Revised Penal Code and procedural rules for specifying aggravating circumstances in an information.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    28 views2 pages

    Moises Simangan vs. People

    Uploaded by

    Francisken Natanawan
    A man, Moises Simangan, was convicted of homicide for killing Ernesto Flores based on witness testimony identifying him as one of the armed men involved. The court affirmed the conviction, finding the witness identification and Simangan's own admission to involvement sufficient evidence of guilt. However, it modified the penalty to not include aggravating circumstances of cruelty and nighttime since these were not alleged in the information charging Simangan. The decision discusses the crime of homicide under the Revised Penal Code and procedural rules for specifying aggravating circumstances in an information.

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    © All Rights Reserved
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    of 2

    TITLE THREE: CRIMES AGAINST PUBLIC ORDER

    CHAPTER 4: ASSAULT UPON, RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR AGENTS

    Title: Docket No.G.R. No. 157984

    Moises Simangan vs. People Date: July 8, 2004

    Ponente: CALLEJO, SR., J

    PEOPLE OF THE PHILIPPINES, respondent. MOISES SIMANGAN, petitioner,

    A man is convicted of homicide after being identified by witnesses as one of the armed men who killed
    the victim, but the aggravating circumstances of cruelty and nighttime are not considered in the
    sentence.

    FACTS:

    Moises Simangan and Loreto Bergado were charged with murder for the killing of Ernesto Flores in
    Solana, Cagayan.

    The prosecution's case involved testimonies from Sofronia Saquing, Lorna Saquing, and Fernando
    Saquing.

    The defense asserted alibi and denial, presenting an alternative version of events.

    ISSUE:

    Whether the evidence presented by the prosecution is sufficient to establish the guilt of Moises
    Simangan beyond reasonable doubt.

    RULING:

    The Court found the contention of the petitioner unmeritorious and affirmed the decision of the trial
    court, convicting him of homicide. However, the Court modified the penalty imposed.

    RATIO:

    The positive and straightforward identification made by the witnesses, Sofronia and Lorna, that the
    accused was one of the armed men who left with the victim, coupled with the accused's own admission
    of his involvement in the killing, is sufficient evidence to prove his guilt beyond reasonable doubt.

    The testimony of Fernando, that the accused admitted to being one of the victim's killers, is not hearsay
    as it is an admission against personal interest and is admissible against the accused.

    The delay in revealing the identities of the accused can be explained by the threats made by the accused
    and the fear for their safety.

    University of Manila | Criminal Law 2 | Atty. Jessie Bautista | Natanawan, Francis Ken D.
    The aggravating circumstances of cruelty and nighttime were not alleged in the Information and cannot
    be appreciated against the accused.

    The penalty imposed on the accused is modified to an indeterminate penalty of from Ten (10) Years and
    One (1) Day of prision mayor in its maximum period, as minimum, to Sixteen (16) Years of reclusion
    temporal in its medium period.

    LAW:

    The decision refers to Article 249 of the Revised Penal Code, which defines and penalizes the crime of
    Homicide. The ruling also addresses procedural rules under Section 8, Rule 110 of the Rules of Court
    regarding the specification of aggravating circumstances in the Information.

    University of Manila | Criminal Law 2 | Atty. Jessie Bautista | Natanawan, Francis Ken D.

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