People v. Raguro


People v. Raguro

G.R. No. 224301

July 30, 2019


In the afternoon of August 25, 2002, around 2:00 P:M., Manuel Morales and his brother, Avelino Morales, attended the birthday celebration of their nephew, Bienvenido Morales, Jr., at the latter's shop at G. Araneta Avenue, Meralco Site, Brgy. Doña Imelda, Quezon City. Avelino Morales and Manuel Morales, together with Bienvenido Morales, the celebrator's father, and accused-appellant Bernie Raguro, had a drinking spree. In the course thereof, accused-appellant Bernie Raguro, who was already drunk, hurled invectives at Avelino Morales, Manuel Morales and Bienvenido Morales. Avelino Morales got angry and asked accused-appellant Bernie Raguro to leave the house. Around 7:00 P.M., the rain started to pour, prompting the group to transfer to Marietta Ofalla's house located across the street. Thereafter, accused-appellant Bernie Raguro came back with accused-appellants Eric Raguro, Teodulo Panti, Jr. and Elmer Dimakiling, who were all armed with bladed weapons. They called on Avelino Morales to come. When Avelino Morales came out from the house, accused-appellant Bernie Raguro stabbed him on the lower left side of his chest. Accused appellants. Eric Raguro and Teodulo Panti, Jr. also stabbed Avelino Morales, while accused Elmer Dimakiling, who was coming from behind Avelino Morales, stabbed Avelino Morales on the clavicle. Avelino Morales fell to the ground and vomited blood. Avelino Morales' fourteen year old son, Arvin Morales, witnessed the incident as he was behind Avelino Morales during the incident. Marietta Ofalla also witnessed the incident, as she was about only two (2) arms length away from them. After stabbing Avelino Morales, accused-appellant Bernie Raguro turned to Manuel Morales and stabbed him. Manuel Morales was also stabbed at the back by two (2) other persons, whom he identified as accused Elmer Dimakiling and one Juvel Beredo. On the other hand, accused-appellant Jonathan Perez appeared from behind with a 2x2 piece of wood and hit Avelino Morales at the back and Manuel Morales on his right buttocks. Marietta Ofalla, shouted for help which prompted all of accused-appellants to run away. Avelino Morales and Manuel Morales were both rushed to Delos Santos Hospital. Avelino Morales died on that fateful night due to multiple stab wounds on his trunk. Manuel Morales, on the other hand, sustained two (2) fatal stab wounds at the back and was admitted at the same hospital where he underwent surgery.


                Whether or not the CA erred in affirming the conviction of the accused-appellants.


                Yes. The Court affirms the conviction of all the accused-appellants but acquits accused-appellant Levie de Mesa for lack of evidence showing his commission of any overt act to further the criminal design. The findings of the RTC with regard to accused-appellants Bernie Raguro and Eric Raguro, Jonathan Perez and Teodulo Panti, Jr. were fully supported by the evidence on record. Their group attack against Avelino and Manuel reflected one continuous criminal design to kill attended by abuse of superior strength. Each of them was competently shown to have performed specific overt acts that showed actual participation in the assault. Hence, even if Eric was not shown to have inflicted any specific fatal injury on Manuel, he was nonetheless liable for frustrated murder on the basis of conspiracy considering that it was sufficiently established that he had himself taken an active part in attacking Avelino with his bladed weapon. That part was enough to demonstrate that he had conspired with the attackers of Avelino and Manuel.


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