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    People-V-Rafael-Cd

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    Vanessa Yvonne Gurtiza
    1) The appellant barged into the kitchen with his two sons, Melchor and Mario, while the sons were armed with bolos. 2) Melchor hacked the hand off of Alejandra and stabbed her repeatedly while Mario chased after and hacked Gloria. 3) The appellant told his sons "Kill them all!" in their native language. 4) The Supreme Court ruled the appellant was an accomplice, not a principal, because he was unarmed and did not directly inflict injuries, though he was present and encouraged the attack.

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    People-V-Rafael-Cd

    Uploaded by

    Vanessa Yvonne Gurtiza
    641 views2 pages
    1) The appellant barged into the kitchen with his two sons, Melchor and Mario, while the sons were armed with bolos. 2) Melchor hacked the hand off of Alejandra and stabbed her repeatedly while Mario chased after and hacked Gloria. 3) The appellant told his sons "Kill them all!" in their native language. 4) The Supreme Court ruled the appellant was an accomplice, not a principal, because he was unarmed and did not directly inflict injuries, though he was present and encouraged the attack.

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    1) The appellant barged into the kitchen with his two sons, Melchor and Mario, while the sons were armed with bolos. 2) Melchor hacked the hand off of Alejandra and stabbed her repeatedly while Mario chased after and hacked Gloria. 3) The appellant told his sons "Kill them all!" in their native language. 4) The Supreme Court ruled the appellant was an accomplice, not a principal, because he was unarmed and did not directly inflict injuries, though he was present and encouraged the attack.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    641 views2 pages

    People-V-Rafael-Cd

    Uploaded by

    Vanessa Yvonne Gurtiza
    1) The appellant barged into the kitchen with his two sons, Melchor and Mario, while the sons were armed with bolos. 2) Melchor hacked the hand off of Alejandra and stabbed her repeatedly while Mario chased after and hacked Gloria. 3) The appellant told his sons "Kill them all!" in their native language. 4) The Supreme Court ruled the appellant was an accomplice, not a principal, because he was unarmed and did not directly inflict injuries, though he was present and encouraged the attack.

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    People v. Rafael G.R. no.

    123176 (2000) | Conspiracy FACTS: Alejandra


    and her daughter-in-law Gloria, were preparing dinner in the kitchen when
    they heard a commotion outside the house. Appellant and his two sons,
    Melchor and Mario, barged inside the kitchen. Appellant was unarmed
    while Melchor and Mario were armed with bolos. Suddenly, Melchor hacked
    Alejandras left hand, severing it from her body. Alejandra slumped in a
    corner and pleaded with Melchor not to kill her. Appellant stood in front of
    the kitchen door watching the grisly incident unfold. After hacking Alejandra,
    Melchor turned to Gloria and hacked her on the head. Gloria managed to
    run outside the house but Mario chased her. At this point, Alejandra could
    no longer see what was happening to Gloria because of the continuous
    bleeding of her hand. Melchor turned to Alejandra anew and continued to
    stab her on the different parts of the body. Alejandra feigned death by lying
    still. Believing that Alejandra was dead, Melchor left her and went outside.
    Alejandra heard appellant telling his two sons in the Pangasinan dialect,
    Patayin, patayin iran amen! (Kill them all!). The commotion woke Rogelio
    Rafael. He saw Melchor and Mario chasing his wife Gloria. When Gloria
    stumbled, Melchor and Mario repeatedly hacked her. Rogelio shouted at
    them to have mercy on his wife. He frantically rushed downstairs to help
    her. When he got outside, the assailants had already fled. He tried to run
    after them but failed. When Rogelio went back to check on his wife and
    mother, he found his wife, Gloria, dead, and his mother, Alejandra, with her
    left hand severed. Trial Court rendered a decision finding the appellant
    guilty of murder and frustrated murder.
    ISSUE: Whether or not the appellant is a principal to the crime committed
    by his two sons.
    HELD: No, the appellant is an accomplice, not a principal, to the crime
    committed by his two sons. RATIO: The Supreme Court ruled that the
    appellants participation in the commission of the crime are his presence at
    the locus criminis and his shouting Patayin patayin iran amen! (Kill them
    all!) during the later stage of the fatal incident. The prosecution witness did
    not see him bearing any weapon or using one to inflict any injury on the
    victims. He did not run away with the two other accused still at large. Thus,
    we are far from convinced that conspiracy existed between appellant and

    any of his sons. Conspiracy cannot be logically inferred from the overt acts
    of herein appellant. When there is doubt as to whether a guilty participant in
    the killing has committed the role of a principal or that of an accomplice, the
    court should favour the milder form of responsibility. In order that a person
    may be considered an accomplice, following requisites must concur: 1.
    Community of design; that is, knowing the criminal design of the principal
    by direct participation, he concurs with the latter in his purpose; 2. That he
    cooperates in the execution of the offense by previous or simultaneous
    acts, with the intention of supplying material and moral aid in the execution
    of the crime in an efficacious way; and 3. That there be a relation between
    the acts and those attributed to the person charged as an accomplice. In
    this case, appellants acts of going to Glorias house with his sons and his
    encouraging shouts clearly demonstrated his concurrence in their
    aggressive design and lent support to their nefarious intent and afforded
    moral and material support to their attack against the victims. Hence, we
    are convinced he must be held liable as a accomplice in the commission of
    the crimes.

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