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    People v. Pajares

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    Trixie Peralta
    Leandro Pajares was convicted of murder and slight physical injuries for attacking two men with a baseball bat. He appealed, arguing his sentence should be reduced because he was immediately vindicating a prior assault on his brother. The Court ruled this mitigating circumstance did not apply because 10 hours had passed between the assault on his brother and his crime, so it was not immediate. It affirmed his conviction and sentence.

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    People v. Pajares

    Uploaded by

    Trixie Peralta
    225 views2 pages
    Leandro Pajares was convicted of murder and slight physical injuries for attacking two men with a baseball bat. He appealed, arguing his sentence should be reduced because he was immediately vindicating a prior assault on his brother. The Court ruled this mitigating circumstance did not apply because 10 hours had passed between the assault on his brother and his crime, so it was not immediate. It affirmed his conviction and sentence.

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    Case Digest for People v. Pajares

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    Leandro Pajares was convicted of murder and slight physical injuries for attacking two men with a baseball bat. He appealed, arguing his sentence should be reduced because he was immediately vindicating a prior assault on his brother. The Court ruled this mitigating circumstance did not apply because 10 hours had passed between the assault on his brother and his crime, so it was not immediate. It affirmed his conviction and sentence.

    Copyright:

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

    People v. Pajares

    Uploaded by

    Trixie Peralta
    Leandro Pajares was convicted of murder and slight physical injuries for attacking two men with a baseball bat. He appealed, arguing his sentence should be reduced because he was immediately vindicating a prior assault on his brother. The Court ruled this mitigating circumstance did not apply because 10 hours had passed between the assault on his brother and his crime, so it was not immediate. It affirmed his conviction and sentence.

    Copyright:

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

    People vs Pajares (GR No.

    96444 | June 23, 1992)


    Petitioner: People of the Philippines
    Respondents: Leandro Pajares
    Ponente: Justice Paras
    Appeal from Decision of RTC  
    Immediate Vindication of a Grave Offense
    SUMMARY: Leandro Pajares was convicted of reclusion perpetua for the crime of
    murder and slight physical injuries. He filed an appeal asking for modification of his
    sentence, since his crime was done as vindication of a grave offense. Court ruled that
    such mitigating circumstance is not applicable in his case, because it was not
    immediate to the offense done by the victim to his family.
    FACTS:
    • Appellant Pajares was charged with one count each of murder and frustrated
    homicide.
    • Background: Victims and accused were members of rival groups.
    • Prosecution’s Version:
    o Perez was walking with deceased Viojan towards a store in Paco, Manila.
    They were walking abreast with each other, with the deceased at his right
    side, and a bit ahead of him. Appellant suddenly appeared from behind
    and hit Viojan with a baseball bat at the back of his head. Viojan ran and
    fell down near the store, and Perez tried to help him. However, Pajares
    also attacked him with the bat. He tried grappled with Pajares for
    possession of the bat, but he was mauled by the appellant’s companions,
    until he lost consciousness.
    • Defense’ Version:
    o Denied allegations. Claimed he was inside the store when the incident
    happened, and that together with about 8 other people, he was watching
    television so he was not able to see who attacked the victims. After the
    incident, he went home and slept. At 3:30 am the next day, he was
    arrested inside their house. He was taken to the police station and was
    coerced to admit his participation in the crime (held at the back of his shirt,
    “pinitik-pitik” with rubber bands, and karate chopped by policemen).
    • RTC found him guilty of murder (Viojan), and slight physical injuries (Perez), and
    sentenced him to reclusion perpetua, and 1 month imprisonment, respectively.
    • In his appeal, he asked for mitigating circumstances of: (claimed that his
    sentence should have been 17 years, 4 months, and 1 day)
    o Vindication of a grave offense- claims that Viojan’s group mauled his
    brother prior to the incident.
    o Minority- 19 years old at the time of the commission of the crime.

    ISSUE/S:
    • WoN RTC gravely erred in imposing the penalty of reclusion perpetua upon him.
    HELD:
    • NO.
    o Court affirmed the appellant’s guilt. His defense was by nature an alibi, but
    he was not able to successfully raise it. His house was near the scene of
    the crime, thus it was possible for him to be physically present during the
    mauling of Diojan and Perez. He was also positively identified by witness
    Perez. Rulign that treachery was present is correct, because he hit the
    victims from behind without possibile retaliation from victims.
    o Mitigating circumstance of immediate vindication of a grave offense
    cannot be appreciated in his favor because 10 hours elapsed between
    such incident and his killing of Viojan. There was enough time for Pajares
    to recover his serenity.
    o Mitigating circumstance of minority claimed by appellant was not
    discussed in the ponencia.

    RULING:
    • Decision appealed from is affirmed. Indemnity increased to Php 50,000.

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