GR L 1627; (April, 1949) (Digest)
G.R. No. L-1627; April 27, 1949
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. MAMERTO RAMIREZ, ET AL., defendants. MAMERTO RAMIREZ, FELIPE TABBILOS, and ELISEO VERGARA, appellants.
FACTS
On the night of September 28, 1945, during a benefit dance in San Esteban, Ilocos Sur, an altercation occurred between the organizer, Rodolfo Vergara, and Eliseo Vergara. Eliseo made a derogatory remark, and Rodolfo punched him. Eliseo was escorted out by police officer Felipe Tabbilos and later joined by police officer Mamerto Ramirez. After the dance, as Rodolfo was walking past the municipal building, Eliseo, Mamerto, and Felipe, who were armed, shot him multiple times. Rodolfo died the next day. The defendants claimed self-defense, alleging Rodolfo fired at them first. However, an investigation found no bullet marks to support their claim.
ISSUE
Whether the appellants are guilty of murder (asesinato).
RULING
Yes. The Supreme Court affirmed the trial court’s judgment, convicting the appellants of murder and sentencing them to reclusion perpetua. The claim of self-defense was without merit, as the evidence showed Rodolfo did not fire any shots. The attack was characterized by alevosia (treachery), as the appellants, lying in wait, assaulted Rodolfo from behind without risk to themselves. All three were co-authors (coautores) of the crime.
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