Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 423 views

    People vs. Cedenio

    Uploaded by

    GENEVIE TALANG
    The appellants were accused of arson with multiple murder after five members of the Dorio family were killed in a house fire. Witnesses testified that they saw the appellants running from the burning house with bloodstained weapons. Evidence showed the victims had stab wounds and the house was set on fire to cover up the murders. The Supreme Court ruled that the appellants were guilty of four counts of murder and one count of arson, not the complex crime of arson with murder, because the main objective was to kill the victims first before setting the fire to hide the crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People vs. Cedenio

    Uploaded by

    GENEVIE TALANG
    423 views1 page
    The appellants were accused of arson with multiple murder after five members of the Dorio family were killed in a house fire. Witnesses testified that they saw the appellants running from the burning house with bloodstained weapons. Evidence showed the victims had stab wounds and the house was set on fire to cover up the murders. The Supreme Court ruled that the appellants were guilty of four counts of murder and one count of arson, not the complex crime of arson with murder, because the main objective was to kill the victims first before setting the fire to hide the crime.

    Original Description:

    case digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The appellants were accused of arson with multiple murder after five members of the Dorio family were killed in a house fire. Witnesses testified that they saw the appellants running from the burning house with bloodstained weapons. Evidence showed the victims had stab wounds and the house was set on fire to cover up the murders. The Supreme Court ruled that the appellants were guilty of four counts of murder and one count of arson, not the complex crime of arson with murder, because the main objective was to kill the victims first before setting the fire to hide the crime.

    Copyright:

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

    People vs. Cedenio

    Uploaded by

    GENEVIE TALANG
    The appellants were accused of arson with multiple murder after five members of the Dorio family were killed in a house fire. Witnesses testified that they saw the appellants running from the burning house with bloodstained weapons. Evidence showed the victims had stab wounds and the house was set on fire to cover up the murders. The Supreme Court ruled that the appellants were guilty of four counts of murder and one count of arson, not the complex crime of arson with murder, because the main objective was to kill the victims first before setting the fire to hide the crime.

    Copyright:

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

    G.R. No.

    93485
    PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
    vs.
    PEDRO CEDENIO Y RASONABLE, FELIPE ANTIPOLO Y MISA, And JURITO AMARGA
    Y BAHI-AN, accused-appellants.
    June 27, 1994

    Facts:

    On November 26, 1986, Dorio residence was gutted with fire. Five members of the family, then
    occupying the house were burned to death. The five bodies retrieved were those of Mario Hilario
    Dorio, with wounds on the head and chest, Flora Dorio with a wound on the leg and head almost
    severed, Mario Dorio with wounds on the leg and left nipple, Nicanora Tabanao with a wound in
    the stomach and infant Dioscora with no wounds at all but charred to the bone.

    Two witnesses testified that the three appellants namely, Pedro Cedenio, Jurito Amarga and
    Felipe Antipolo were seen running out of the burning house, holding bolos stained with blood.

    Another witness testified that Pedro Cedenio borrowed from him a bolo on the night of
    November 26, and the following morning, the bolo was returned to him with a bloodstain on the
    handle. The accused Pedro Cedinio, also told him “do not worry, if this incident reaches the
    court, I will answer for everything”

    The trial court found the accused-appellants guilty of Arson with Multiple Murder as defined and
    penalized under Section 5 of Presidential Decree No. 1613.

    Issue:

    Whether or not the appellant should be charged by a complex crime of arson with murder.

    Rulings:

    No. The late Mr. Chief Justice Ramon C. Aquino cites Groizard:

    “When the fire is used with the intent to kill a particular person who may be in the house and that
    the objective is attained by burning the house, the crime is murder only. When the Penal Code
    declares that killing committed by means of fire is murder, it intends that fire should be
    purposely adopted as a means to that end. There can be no murder without a design to take life.
    In other words, if the main object of the offender is to kill by means of fire, the offense is
    murder. But if the main objective is the burning of a building, the resulting homicide may be
    absorbed by the crime of arson.”

    From the evidence adduced, it is evident that after the victims were hacked and stabbed to death;
    appellants set the house afire to hide their gruesome act. Thus, the appellant are guilty of a
    separate crime of four counts of murder and arson and not the complex crime of arson with
    murder.

    You might also like