CrimRev Digests 0721.docx

CrimRev Digests 0721.docx - (39[G.R No 135204 PEOPLE OF THE...

This preview shows page 1 - 2 out of 6 pages.

(39) [G.R. No. 135204. April 14, 2004] PEOPLE OF THE PHILIPPINES, appellee, vs. NARCISO RAMOS y MATIAS, RAMON SAN ROQUE y DELA CRUZ, EULALIA SAN ROQUE DE FRANCISCO y DELA CRUZ alias LALING, WILLIAM RAMOS alias WILFREDO RAMOS, (provisionally dismissed), and three (3) other John Does, accused. EULALIA SAN ROQUE DE FRANCISCO y DELA CRUZ alias “LALING”, appellant. FACTS: Eulalia San Roque alias Laling, appealed from the Decision of the RTC, Branch 122, Caloocan City, declaring her guilty beyond reasonable doubt of the crime of murder. The Information filed against appellant and her co- accused is quoted as follows: “That on or about the 11th day of February 1993 in Kalookan City, Metro Manila, and within the jurisdiction of this Honorable Court, the above named accused, with deliberate intent to kill, conspiring together and mutually helping one another, with treachery, evident premeditation and abuse of superior strength, did then and there willfully, unlawfully and feloniously tie up on a santol tree, stab, shoot and burn one WILLIAM LOMIDA, resulting to the death of the latter.” Prosecution witness, Bernie Ambal, narrated that around 7pm of Feb. 11, 1993, he was standing outside his store when he saw Narciso Ramos, Ramon San Roque and three (3) others passed by. They proceeded to the house of William Lomida and appellant, who were then live-in partners. Narciso and Ramon stood by the door, while one of their companions, holding an armalite, positioned himself behind Narciso. Their other companion, armed with a pistol, stayed on the street, and the third one, also armed with a pistol, went to the backyard. Narciso pulled out his .45 caliber pistol and knocked at the door. Appellant then opened the door and Ramon went inside. Soon thereafter, William and appellant, accompanied by Narciso, Ramon, and three (3) others left the house. The group headed to Narciso’s house, about ½ kilometer away from Ambal’s store. Unknown to them, Ambal trailed behind. Hiding himself behind a tree fifteen meters away, Ambal saw one of their companions poking his armalite at William. Then, they tied William to a santol tree. He was pleading to appellant, but she simply turned her back. Ramon stabbed William twice at the stomach with a 29” bladed knife. Then Narciso shot William five to seven times with his .45 caliber pistol. When William was already dead, Ramon and Wilfredo Ramos untied his body and brought it to a dumpsite (of used tires) twenty five meters away. There they placed William’s body atop a pile of rubber tires. Ramon poured gasoline on his body and set it on fire. Appellant and the others were closely watching. After thirty minutes, appellant and the men left. The only remaining question is whether the crime was attended by aggravating circumstances. The killing of the victim was attended by treachery.
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Spring '14
  • atty. torreon
  • criminal law, Extenuating circumstances, Aggravation, Joselito Bautista, Attendant circumstance, César Gálvez

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern