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    Case Digest - People vs. Agapinay Et Al 186 Scra 812

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    Ella Kriziana Cruz
    1) On April 13, 1981, Romeo Agapinay stabbed the victim Virgilio after they argued about a fishnet. Delfin and Fortunato Agapinay helped by holding the victim's arms while he was stabbed. Cirilio and Dante then stoned the victim. 2) The issues are whether this constitutes conspiracy to commit murder and if treachery qualifies the crime as murder. 3) The court found no conspiracy since it was a chance stabbing. There was also no treachery as the victim was not rendered defenseless by a sudden attack. However, the court found the mitigating circumstance of provocation applied since the victim uttered offensive words that caused

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    Case Digest - People vs. Agapinay Et Al 186 Scra 812

    Uploaded by

    Ella Kriziana Cruz
    128 views1 page
    1) On April 13, 1981, Romeo Agapinay stabbed the victim Virgilio after they argued about a fishnet. Delfin and Fortunato Agapinay helped by holding the victim's arms while he was stabbed. Cirilio and Dante then stoned the victim. 2) The issues are whether this constitutes conspiracy to commit murder and if treachery qualifies the crime as murder. 3) The court found no conspiracy since it was a chance stabbing. There was also no treachery as the victim was not rendered defenseless by a sudden attack. However, the court found the mitigating circumstance of provocation applied since the victim uttered offensive words that caused

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    CASE DIGEST - PEOPLE VS. AGAPINAY ET AL 186 SCRA 812

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    1) On April 13, 1981, Romeo Agapinay stabbed the victim Virgilio after they argued about a fishnet. Delfin and Fortunato Agapinay helped by holding the victim's arms while he was stabbed. Cirilio and Dante then stoned the victim. 2) The issues are whether this constitutes conspiracy to commit murder and if treachery qualifies the crime as murder. 3) The court found no conspiracy since it was a chance stabbing. There was also no treachery as the victim was not rendered defenseless by a sudden attack. However, the court found the mitigating circumstance of provocation applied since the victim uttered offensive words that caused

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    128 views1 page

    Case Digest - People vs. Agapinay Et Al 186 Scra 812

    Uploaded by

    Ella Kriziana Cruz
    1) On April 13, 1981, Romeo Agapinay stabbed the victim Virgilio after they argued about a fishnet. Delfin and Fortunato Agapinay helped by holding the victim's arms while he was stabbed. Cirilio and Dante then stoned the victim. 2) The issues are whether this constitutes conspiracy to commit murder and if treachery qualifies the crime as murder. 3) The court found no conspiracy since it was a chance stabbing. There was also no treachery as the victim was not rendered defenseless by a sudden attack. However, the court found the mitigating circumstance of provocation applied since the victim uttered offensive words that caused

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE VS.

    AGAPINAY ET AL 186 SCRA 812

    Facts:

    On April 13, 1981 in the morning, the accuseds , Romeo, Alex, Fortunato, Dante, Delfin & Cirilo
    Agapinay were charged with the crime of muder as a consequence of stabbling the victim, Virgilio, by
    Romeo, wherein, Delfin and Fortunato, cooperated as they held the victim’s both arms after the
    victim had tried to run for his life.

    When the victim managed to extricate himself again, Cirilio and Dante stoned him, subsequently.
    Amor Flores took the final blow by stabbing the victim.

    The heat started after Romeo & Virgilio argued concerning the fishnet. Virgilio had said something
    that Romeo became so furious as he opted to stab the victim.

    Issue:
    1. WON the crime constitutes conspiracy.
    2. WON treachery qualifies the crime into murder.
    3. WON the accused is entitled to a mitigating circumstances, if any.

    Ruling:
    1. No. Conspiracy means, however, an agreement concerning the
    commission of a felony and a decision to commit it. 30 If the tragedy
    was a chance stabbing, there can be no conspiracy to speak of. Hence,
    the parties’ liability should be considered individually.
    2. No. Treachery depends on the suddenness of the attack, by which the
    victim is rendered hors d’combat, as in an ambuscade, or any manner
    in which the victim is deprived of all defenses, and in which the
    malefactor faces no risk to himself. 37 The manner of attack must be
    shown. 38 There is no such showing here.

    The fact that Delfin and Fortunato Agapinay held Virgilio Paino while
    Romeo stabbed him, does not demonstrate treachery. Rather, what it
    proves is abuse of superiority. It is indeed plain from the records
    that the trio of Romeo, Delfin, and Fortunato had taken advantage of
    their strength to overcome the victim who, at that time, was already
    injured.

    3. The Court finds, however, that the accused should be entitled to


    the mitigating circumstance of provocation (or vindication of a grave
    offense or passion or obfuscation.) since clearly, the deceased
    uttered offending words (“vulva of your mother, if you are talking
    as if you have no debts, not like me, I have no debts”) that made
    the Agapinays, especially Romeo, react violently.

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