Digests de La Cerna and Abejuela

PEOPLE VS. DELA CERNA 21 SCRA 569 (1967) Nature: An appeal from a decision of the Court of First Instance of Cotabato nding the accused guilty for double murder. FACTS: Early in the morning of February 3, 19!, "afael Cabi#ares, accompanied by his $ife, %ospicia, his brothers &argarito and "omualdo, and his sons 'umercindo, &arcelo, Casiano, (uan and )amberto, left *arrio Cebuano headed for the poblacion of +upi, Cotabato, bringing e sac-s of corn loaded on a bull cart to be milled in +upi, (uan, &arcelo and )amberto, $ho $ere all minors, $ere then going to school. pon approaching a hilly part, they had to stop since the carabao could not pull the bull cart uphill. "afael then re/uested his t$o brothers and his son 'umercindo to accompany him up the hill and carry on their bac-s the sac-s of corn. 0ith "afael leading, the four proceeded uphill. As the four approached approached ulpicio de la Cerna2s house oiltop of the hill and $ere about to put do$n the sac-s of corn, appellant ulpicio, $ho $as in the house, red at and hit "afael, $ho fell do$n. ulpicio then ordered ordered his companions to burn his house so that they $ould hae an ecuse. &ean$hile, Casiano, 'umercindo, &arcelo and "omualdo brought the $ounded "afael Cabi#ares to the house of the latter2s father, 4emetrio, 155 meters a$ay. Felisa *astismo, "afael2s mother, rsula Cabi#ares and egundino Cabi#ares $ere there at the time. After the group reached the house, "afael2s $ounds $ere $ashed $ith hot $ater and then he $as brought inside the third room of the house. ubse/uently, appellant appellant ulpicio and the other accused arried at the premises, armed $ith rearms, bolos and canes. +hey stoned the house and thrust their bolos thru the bamboo $alls and 6ooring. Finding that there $ere $omen inside the house, the accused ordered ordered them to get out or else they $ould be -illed also. As Felisa *astismo and rsula Cabi#ares alighted from the besieged house, &arcelo Cabi#ares follo$ed them, and although held by accused Conrado 7ardillo and boed by erapio &a/uiling, he $as able to escape to the nearby forest. erapio &a/uiling then climbed up the $indo$ of the -itchen, and $ith the carbine $hich he got from appellant ulpicio de la Cerna, shot at "afael Cabi#ares $ho $as sitting in the third room. At this moment, Casiano Cabi#ares 8umped do$n from the house thru the -itchen door and ran a$ay.

erapio &a/uiling follo$ed him and shot the latter at the bac-, -illing him a fe$ meters a$ay from 4emetrio2s house. Appellant ulpicio de la Cerna then got bac- the carbine, climbed up the house and red once more at "afael, $ho $as no$ lying do$n on the 6oor, -illing him nally. +hereafter, the cadaer of Casiano Cabi#ares $as tied to a bamboo pole, carried by accused "amon Al/ui#ar and one 0ilfredo &alias at large: and placed near the burned house of ulpicio de la Cerna, as some of the accused follo$ed $hile the rest proceeded to "afael2s house. ISSUE: 0hether the e appellants are all guilty as principals; e!":  +he e appellants appellants guilty guilty as co< principals in the murder of "afael Cabi#ares.  +he positie identication of the seeral prosecution $itnesses must preail oer the alibis pro=ered by these appellants.  +heir presence presence and actie actie participation participation in the the meeting in Abapo2s house ma-e them actual conspirators in the -illing of "afael. +hey $ere also present and #ealously participating in the eecution eecution of their criminal design, giing a carbine maga#ine and instructionns to appellant "otor, threatening "afael and giing encouragement encouragement to ulpicio to shoot at the latter. +hey $ere among those $ho laid siege to 4emetrio2s house and left together $ith the others after nally accomplishing their criminal deeds as agreed upon. Appellants *autista and &atchoca, are therefore also liable as co •

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 +his is a case of estafa. Abe8uela became close friends $ith *alo, a *anco Filipino employee. Abe8uela has an account $ith *anco Filipino. *alo borro$ed Abe8uela?s passboo$ith *anco Filipino and used it to deposit and $ithdra$ money, een amounting to almost @55-. %e told Abe8uela that $hat he $as depositing $ere from the insurance proceeds of his grandfather but that as a *anco Filipino employee he could not open his o$n account and so had to use Abe8uela?s.

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4uring pendency of the case, *alo $as purportedly -illed by the 7A. +he trials continued for Abe8uela. "+C ruled that Abe8uela is an accomplice to the crime. CA aBrmed the rtc decision. •

0hether or not Abe8uela is an accomplice to the crime of estafa.

"atio> •

 %E I +. o

After carefully $eighing the arguments of both parties as $ell as ta-ing into consideration the eidence on record, $e are inclined to beliee that petitioner Abe8uela $as completely una$are of the maleolent scheme of *alo. From *alo2s o$n admissions, it $as he $ho deceied Abe8uela through s$eet tal-, assurances, drin-ing sprees and parties and ca8oled him into giing in to his re/uests. Furthermore, during that time, nobody $ould hae /uestioned *alo2s source of money and since he had a perfect alibi, i.e. the insurance proceeds of his later father. 0hen *alo sho$ed Abe8uela

n being an accomplice> o

It $as found that *alo used his being an employee of the ban- to post false deposits. Abe8uela did not -no$ of this and $hen he started getting suspicious, he actually een closed his account $ith *anco Filipino to preent *alo from continuing. *oth *alo and Abe8uela $ere charged $ith Estafa.

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some chec-s purporting to be his father2s insurance proceeds, Abe8uela $as hood$in-ed into belieing that *alo indeed had money. *alo2s re/uest to borro$ Abe8uela2s passboo- in order to facilitate the encashment of the chec-s seemed reasonable enough, considering that they $ere close friends and DcompadresD.

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4&!e"e & t,e /r-0-a! -tet & t,e 'r-/-'a! - t,- /ae* (!-/er-& 8a!&* 3r.) - eet-a! - &r"er t,at 'et-t-&er A#e$ue!a /a #e /&%-/te" a a a//&0'!-/e in the crime of estafa thru falsication of commercial document. +o be conicted as an accomplice, there must be cooperation in the eecution of the o=ense by preious or simultaneous acts. %o$eer* t,e /&&'erat-& ,-/, t,e !a 'u-,e - t,e a-ta/e re"ere" &-! &r -tet-&a!!, $hich assistance cannot be said to eist $ithout the prior cogni#ance of the o=ense intended to be committed.

In a number of cases decided by the court, it has been held that -no$ledge of the criminal intention of the principal is indispensable in order to hold a person liable as an accomplice. It has been satisfactorily established that *anco Filipino su=ered damage. Although abe8uela $as una$are of the criminal $or-ings of *alo, he neertheless contributed to their eentual consummation by rec-lessly entrusting his passbooto *alo and by signing the $ithdra$al slips. %e failed to eercise prudence and care. +herefore he must be held ciilly accountable.

"uling> Abejuela is acquitted.

PEOPLE OF TE PILIPPINES* '!a-t-; a''e!!ee* %. Pat. RICARTE