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    Napone V People

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    Edwino Nudo Barbosa Jr.
    To be found guilty of homicide under Philippine law, the following elements must be proven: (1) a person died; (2) the accused killed the victim; (3) there was intent to kill; and (4) the killing was not attended by circumstances qualifying it as murder. In this case, Petronilo Napone Jr. shot the victim in the chest, causing his death, and was found guilty of homicide. Edgar Napone was found guilty as an accomplice for throwing a stone, concurring with the criminal design, though the stone throwing was not indispensable in killing the victim. Only Petronilo Napone Jr. was found guilty as a principal for the homicide, with Edgar Napone as an

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    Napone V People

    Uploaded by

    Edwino Nudo Barbosa Jr.
    410 views2 pages
    To be found guilty of homicide under Philippine law, the following elements must be proven: (1) a person died; (2) the accused killed the victim; (3) there was intent to kill; and (4) the killing was not attended by circumstances qualifying it as murder. In this case, Petronilo Napone Jr. shot the victim in the chest, causing his death, and was found guilty of homicide. Edgar Napone was found guilty as an accomplice for throwing a stone, concurring with the criminal design, though the stone throwing was not indispensable in killing the victim. Only Petronilo Napone Jr. was found guilty as a principal for the homicide, with Edgar Napone as an

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    NAPONE V PEOPLE

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    To be found guilty of homicide under Philippine law, the following elements must be proven: (1) a person died; (2) the accused killed the victim; (3) there was intent to kill; and (4) the killing was not attended by circumstances qualifying it as murder. In this case, Petronilo Napone Jr. shot the victim in the chest, causing his death, and was found guilty of homicide. Edgar Napone was found guilty as an accomplice for throwing a stone, concurring with the criminal design, though the stone throwing was not indispensable in killing the victim. Only Petronilo Napone Jr. was found guilty as a principal for the homicide, with Edgar Napone as an

    Copyright:

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

    Napone V People

    Uploaded by

    Edwino Nudo Barbosa Jr.
    To be found guilty of homicide under Philippine law, the following elements must be proven: (1) a person died; (2) the accused killed the victim; (3) there was intent to kill; and (4) the killing was not attended by circumstances qualifying it as murder. In this case, Petronilo Napone Jr. shot the victim in the chest, causing his death, and was found guilty of homicide. Edgar Napone was found guilty as an accomplice for throwing a stone, concurring with the criminal design, though the stone throwing was not indispensable in killing the victim. Only Petronilo Napone Jr. was found guilty as a principal for the homicide, with Edgar Napone as an

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1

    Facts that must be proven to be guilty of Homicide

    Crime: Homicide
    Crimes Against Person
     

    Petronilo Napone, Jr. and Edgar Napone vs. People of the Philippines


    G.R. NO. 193085, November 29, 2017
    MARTIRES, J.:
     

    DOCTRINE:

    In order for a person to be liable for the crime of homicide the following must
    be proven: (1) a person died, (2) the accused killed the victim, (3) there is
    intent to kill and (4) it is not attended by the circumstances that would qualify it
    to murder. 
     

    FACTS:

    On September 22, 1992, at 8:00 in the evening, the herein petitioner was
    informed that Calib, a relative was being dragged by the Janiosos. Thereafter,
    after reaching the place of incident, the group went to the victim and Petronilo
    Napone, Sr. hacked Salvador 4 times, Edgar Napone throws a stone and
    Petronilo Napone, Jr. shoot the victim which resulted to Salvador’s death. On
    trial, the defendants pleaded not guilty alleging self-defense and defense of
    relative as justification. On the merits, however, the trial court ruled in favor of
    the people on the grounds that the defense failed to prove the presence of
    unlawful aggression on the part of the victim. The Court of Appeals affirmed
    the conviction but modifying the penalties on the grounds that the trial court
    failed to appreciate that the conspiracy was not proven by the prosecutor.
    Hence this present petition assailing the decision of the appellate court in not
    appreciating self-defense and defense of relative.  

    ISSUE: Whether or not the all accused were guilty of homicide.

    RULING:

    Only, Petronilo Napone, Jr. is guilty of homicide as principal and Edgar


    Napone as an accomplice. In order for a person to be liable for the crime of
    2

    homicide the following must be proven: (1) a person died, (2) the accused
    killed the victim, (3) there is intent to kill and (4) it is not attended by the
    circumstances that would qualify it to murder. In this case, Napone, Jr. shot
    the victim on the chest which was proven by the prosecution’s witnesses to be
    fatal and therefore, liable for homicide. Since, there is no conspiracy due to it
    not being proven, Edgar Napone may only be convicted as an accomplice
    because the throwing of stone was not indispensable means to kill Salvador
    but despite it, he still concur to the criminal design though not principally and
    therefore, liable as an accomplice.
    Hence, Napone, Jr. is guilty of homicide and Edgar Napone as an
    accomplice. 
     

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