GR L 1687; (December, 1948) (Digest)
G.R. No. L-1687. December 2, 1948.
People of the Philippines, plaintiff-appellee, vs. Ludovico Dedal, Simplicio Dedal, and Ulpiano Garbino, defendants-appellants.
FACTS
On the night of December 28, 1946, a dance was held in barrio Patlad, Dumangas. Appellant Ludovico Dedal attempted to take control of the event but was prevented by Manuel Dimzon, who had been designated to preside. Ludovico left in anger after failing to retrieve his “hamacans” (mats) and stop the dance. The following evening, December 29, 1946, appellants Ludovico Dedal, Simplicio Dedal, and Ulpiano Garbino confronted Manuel Dimzon on a nearby hill. Ludovico stabbed Dimzon with a dagger, and Simplicio struck him with a bolo. Ulpiano held Dimzon’s feet while Simplicio held his hands, and Ludovico mounted him. Carlos Dimzon, Manuel’s father, intervened but was knocked unconscious by Ulpiano. Manuel Dimzon died from his wounds. Ludovico and Simplicio surrendered to the police that same night, turning over weapons. Ulpiano was arrested two weeks later. The defense claimed self-defense by Ludovico, non-participation by Simplicio, and an alibi for Ulpiano, but the trial court rejected these.
ISSUE
Whether the trial court correctly convicted appellants of murder and properly imposed the penalties.
RULING
Yes, the conviction is affirmed with modification as to Ulpiano Garbino’s penalty. The evidence for the prosecution, including eyewitness accounts, positively established that all three appellants conspired to kill Manuel Dimzon. The defense’s claims of self-defense, non-participation, and alibi were unsubstantiated and failed to overcome the prosecution’s evidence. The mitigating circumstance of voluntary surrender was correctly appreciated in favor of Ludovico and Simplicio Dedal. The penalty for Ludovico and Simplicio is affirmed as an indeterminate penalty of 10 years and 1 day of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal. For Ulpiano Garbino, with no mitigating circumstances, the penalty is modified to reclusion perpetua. All appellants are ordered to jointly and severally indemnify the heirs of the deceased.
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