People v. Raguro
G.R. No. 224301
July 30, 2019
FACTS:
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.
ISSUE:
Whether
or not the CA erred in affirming the conviction of the accused-appellants.
HELD:
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.
