PEOPLE VS FLORENDO.docx - GR No 46023 PEOPLE v JESUS FLORENDO DECISION 68 Phil 619 MORAN J Between 8 and 9 o'clock in the night of at Plaza Burgos in

PEOPLE VS FLORENDO.docx - GR No 46023 PEOPLE v JESUS...

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[ GR No. 46023, Sep 30, 1939 ] PEOPLE v. JESUS FLORENDO DECISION 68 Phil. 619 MORAN, J.: Between 8 and 9 o'clock in the night of March 24, 1937, at Plaza Burgos in the municipality of Vigan, Ilocos Sur, Vicente Marinas received from behind two pistol shots, as a consequence of which he died almost Instantaneously. After the corresponding investigations, Jesus Florendo, Lorenzo Formoso and Adriano Formoso were prosecuted for the crime of murder. The trial, during which voluminous evidence was adduced, was held, and the lower court, after a study thereof, rendered judgment finding all of the accused guilty of the crime of murder, with Jesus Florendo as the principal and Lorenzo Formoso and Adriano Formoso as accomplices, and sentenced the former to suffer the penalty of reclusion perpetua and to indemnify the heirs of the deceased in the sum of five hundred pesos (P 500), and the latter two to suffer each an indeterminate penalty of from six years and one day of prision mayor , as minimum, to twelve years and one day of reclusion temporal , as maximum, and to indemnify jointly and severally the heirs of the deceased in the sum of five hundred pesos (P 500), all with the accessory penalties prescribed by law, and to pay the costs. The three accused appealed. As to the guilt of Jesus Florendo, the lower court states as follows: "The crime in question occurred between 8 and 9 o'clock in the night of March 24, 1937, within the poblacion of the municipality of Vigan, Ilocos Sur, at Plaza Burgos situated on the left side of the cathedral, bounded on the north by Padre Burgos Street, on the east by Gobernador Crisologo Street, on the south by Leona Florentino Street and on the west by Emilio Jacinto Street, which was at that time well illuminated with electric lanterns and frequented by many people, because it was Holy Wednesday and lady vendors were constructing tilts, sheds and temporary shelters for their merchandise, candies and delicacies along the sides thereof. At the center of the said plaza rises the monument to Father Burgos on a rectangular cement platform. From the four angles of its square base project four two-step promenades in the form of buttresses. On one of them, that on the northeastern part, the deceased Vicente Marinas and the herein accused Adriano Formoso were seated, facing eastwards, but while the back of the former remained unprotected, the latter had his to the base of the monument. They were thus eating sincamas when Jesus Florendo, coming from the south, fired a pistol at Vicente Marinas from the northwestern angle of said monument and only a little more than a meter away from his victim who had his back toward him, the latter falling on the platform on the third shot and dying instantaneously. From an autopsy of the body, which was performed that very night by Dr. P. J. Alvarado, provincial doctor of Ilocos Sur, two wounds were found, the first produced by a pistol missile which penetrated the left suprascapular region, entered the junction of
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