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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 74953. June 30, 1987.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO LEGASPI and OSCAR LEGASPI, Accused-Appellants.


D E C I S I O N


GUTIERREZ, JR., J.:


This is an appeal from the decision dated September 20, 1985 of the Regional Trial Court, Branch 46, at Masbate, Masbate which found accused Antonio Legaspi and Oscar Legaspi guilty beyond reasonable doubt of the crime of murder and sentenced them as follows:jgc:chanrobles.com.ph

"WHEREFORE, premises considered, the Court finds accused Antonio Legaspi and Oscar Legaspi, GUILTY as charged beyond reasonable doubt of the crime of murder and hereby sentences Antonio Legaspi to suffer a penalty of SEVENTEEN (17) YEARS, FOUR (4) MONTHS and ONE (1) DAY to TWENTY (20) YEARS of reclusion temporal and Oscar Legaspi is hereby sentenced to reclusion perpetua, to jointly and severally indemnify the heirs of the victim, Fausto Apalla, Jr., the amount of P30,000.00 as moral damages; in the amount of P70,000.00 and P3,000.00 as actual and compensatory damages, without subsidiary imprisonment in case of insolvency; together with all the accessory penalties provided for by law, and to proportionately pay the costs." pp.41-42, Rollo).

Antonio Legaspi was credited with having surrendered to the barangay captain right after the incident. The court appreciated the surrender as a mitigating circumstance. There being no aggravating circumstance to offset it, Accused Antonio was sentenced to reclusion temporal in its maximum period.

Both Antonio Legaspi and Oscar Legaspi filed a notice of appeal from the above cited decision (Original records, p. 88).

The Citizens Legal Assistance Office, counsel for the two appellants has an alternative prayer for either the acquittal of both appellants or, if the self-defense theory of Antonio Legaspi is rejected, for incomplete self-defense and voluntary surrender to be credited in his favor.

The facts of the case are found in the decision of the trial court as follows:jgc:chanrobles.com.ph

"It is uncontroverted that the incident at bar took place in the early morning of September 16, 1983 at the barangay plaza of Miaga, Uson, Masbate during the occasion of a dance and canvassing of votes for local ‘beauty queen candidates’, attended by the herein two accused Antonio Legaspi and Oscar Legaspi who arrived at the plaza (from Dongon, Uson, Masbate, where both reside) at about 8 to 8:30 o’clock the preceding night. As the dance and/or canvassing was in progress, a stabbing incident took place at the said plaza at about 2:00 o’clock in the morning wherein the victim, Fausto Apalla, Jr., suffered certain injuries resulting in his death nine (9) days thereafter while confined for treatment in Alino Hospital at Poblacion, Dimasalang, Masbate (Exhs. B & B-1).

"Dr. Alfonso Alino who attended and treated the victim until the latter’s death confirmed his findings in his medical certificate issued on February 10, 1984 (Exhs. A & A-1), to wit:jgc:chanrobles.com.ph

"‘1. punctured wound 2
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