GR L 2880; (March, 1950) (Digest)
G.R. No. L-2880; March 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DEMETRIO MOSTOLES ET AL., defendants. LUCIANO PABLO, appellant.
FACTS
Luciano Pablo and several others were charged with triple murder for the deaths of Pablo Saure, Perfecto Marilao, and Miguel Marcos. While some co-accused pleaded guilty, Luciano Pablo pleaded not guilty. After trial, he and Demetrio Mostoles were each sentenced to reclusion perpetua for each murder, with the penalties to be served under Article 70 of the Revised Penal Code. Pablo appealed. The evidence established that on August 8, 1948, the victims sought shelter at a store where Pablo and his companions were drinking. Pablo, suspecting the victims of stealing his carabao and labeling them as bandits, proposed their killing. The group agreed, bound the victims, led them to an abandoned well, and killed them. Pablo actively participated by helping tie one victim’s hands.
ISSUE
Whether the guilt of appellant Luciano Pablo for the crime of triple murder was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The evidence established Pablo’s criminal liability beyond reasonable doubt. He conspired with his companions, motivated by suspicion that the victims were responsible for his carabao’s disappearance. The killings were qualified by treachery and aggravated by evident premeditation, as the plan was formed hours before execution. No mitigating circumstance was present. However, due to the lack of the required votes for the death penalty under the Judiciary Act of 1948, and in line with precedent, the penalty of reclusion perpetua for each murder was imposed, subject to Article 70 of the Revised Penal Code.
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