jurisdiction over the person of the accused must be made before he enters his plea, otherwise, the objection is deemed waived. 6 We have also ruled that an accused may be estopped from assailing the illegality of his arrest if he fails to move for the quashing of the information against him before his arraignment. 7 And since the legality of an arrest affects only the jurisdiction of the court over the person of the accused, any defect in the arrest of the accused may be deemed cured when he voluntarily submitted to the jurisdiction of the trial court 8 as was done by the accused-appellant in the instant case. Other issues: 2. WON trial court erred in finding accused Ereño guilty of murder? The crime committed is homicide. The qualifying circumstance of treachery was not established by convincing evidence. 10 There was no showing that the means, method or manner of attack was deliberately and consciously adopted by the accused and actually carried out so swiftly and unexpectedly so as to ensure his safety while rendering his victim helpless and unable to defend herself. 11 There is no treachery when the killing results from a verbal altercation between the victim and the assailant such that the victim must have been forewarned of the impending danger as was found in the case at bar. 12 Accordingly, the appropriate penalty to be imposed is not reclusion perpetua but reclusion temporal . 1
WHEREFORE, the decision appealed from is hereby MODIFIED. Appellant CARLITO EREÑO Y AYSON is found GUILTY of HOMICIDE and sentenced to suffer a prison term of eight (8) years and one (1) day of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum. Appellant is also ORDERED to pay the heirs of Rosanna Honrubia P50,000.00 as civil indemnity plus P50,000.00 as moral damages. The trial court's award of P24,000.00 for alleged expenses incurred in connection with the death and burial of the victim is DELETED for lack of basis. No pronouncement as to costs. #20 Colorado vs Agapito Facts: A sworn letter-complaint of Miguel E. Colorado (complainant) charging Judge Ricardo M. Agapito (respondent),with Gross Ignorance of the Law and Grave Abuse of Authority relative to Criminal Case entitled People v. Miguel Colorado, with Grave Slander and Grave Threats. Complainant alleges: He is the accused in the aforementioned criminal cases. The cases were directly filed with the court without first passing the Office of the Barangay Chairman, although he and private complainants are permanent residents of Barangay Bagong Sikat, Gabaldon, Nueva Ecija. Respondent ignored the glaring deficiency in private complainants filing of the cases without attaching the requisite certifications to file action from the barangay . On the date the two cases were filed, respondent immediately issued two warrants for his arrest. He was arrested on a Friday and languished in the municipal jail for two days and two nights. He posted bail and filed a motion to inhibit respondent from hearing the case, but the same was not acted upon. He received an envelope from the court with nothing inside and found out later that the same was supposed to be a notice of hearing; thus, he was ordered arrested in view of his non-appearance in court.
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- Fall '14
- Law, criminal law, Arrest, warrantless arrest