[G.R. No. 177751 : December 14, 2011]
PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDDIE AGACER, DEL CASTILLO, AND ELYNOR AGACER, VILLARAMA, JR., JJ. FRANKLIN AGACER AND ERIC AGACER, PROMULGATED: APPELLANTS.
D E C I S I O N
DEL CASTILLO, J.:
This case involves a man who was killed by his own relatives. Convicted for the crime of murder by the lower courts, the indicted relatives are now before us assailing their guilty verdict.
Factual Antecedents
This is an appeal from the November 17, 2006 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01543, affirming with modification the August 7, 2001 Decision 2 of the Regional Trial Court, Branch 8, Aparri, Cagayan which found appellants Florencio Agacer (Florencio), Franklin Agacer (Franklin), Elynor Agacer (Elynor), Eric Agacer (Eric) and Eddie Agacer (Eddie), guilty beyond reasonable doubt of the crime of murder for the killing of Cesario Agacer (Cesario).cralaw
As mentioned, all the appellants were related to Cesario. Florencio was Cesario"s nephew and is the father of Franklin while the brothers Elynor, Eric and Eddie are his nephews.
On March 2, 1999, an Information 3 for Murder was filed against the five appellants, the accusatory portion of which reads as follows:
On October 14, 1999, Florencio, Elynor, Franklin and Eric entered separate pleas of "not guilty"
Factual Antecedents
This is an appeal from the November 17, 2006 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01543, affirming with modification the August 7, 2001 Decision 2 of the Regional Trial Court, Branch 8, Aparri, Cagayan which found appellants Florencio Agacer (Florencio), Franklin Agacer (Franklin), Elynor Agacer (Elynor), Eric Agacer (Eric) and Eddie Agacer (Eddie), guilty beyond reasonable doubt of the crime of murder for the killing of Cesario Agacer (Cesario).cralaw
As mentioned, all the appellants were related to Cesario. Florencio was Cesario"s nephew and is the father of Franklin while the brothers Elynor, Eric and Eddie are his nephews.
On March 2, 1999, an Information 3 for Murder was filed against the five appellants, the accusatory portion of which reads as follows:
That on or about April 2, 1998, in the municipality of Sta. Ana, Province of Cagayan, and within the jurisdiction [of] this Honorable Court, the above-named accused, armed with a long firearm, a bow and arrow, a bolo and stones, with intent to kill, with evident premeditation and with treachery, conspiring together and helping one another, did then and there wilfully, unlawfully and feloniously assault, attack, stone and shoot one Cesario Agacer, inflicting upon the latter [bruises] and multiple gunshot wounds in his body which caused his death.
That the killing was aggravated by the use of an unlicensed firearm.
CONTRARY TO LAW. 4
On October 14, 1999, Florencio, Elynor, Franklin and Eric entered separate pleas of "not guilty"
