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    People Vs Balotol

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    morriss hadsam
    The appellant was previously convicted of wounding Potenciano Sabasido in 1941. In 1942, the appellant stabbed Sabasido with a bolo at a cockpit, piercing his body. Sabasido died instantly. The appellant also wounded Bernardino Lacambra with the same bolo strike, and Lacambra died 7 days later. The court found that the appellant committed the complex crime of double murder under the Revised Penal Code, as a single unlawful act resulted in two deaths. As double murder carries the maximum penalty of death, the court sentenced the appellant to life imprisonment, as the votes required for the death penalty were not reached. The judgment of the lower court was affirmed.

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    People Vs Balotol

    Uploaded by

    morriss hadsam
    162 views2 pages
    The appellant was previously convicted of wounding Potenciano Sabasido in 1941. In 1942, the appellant stabbed Sabasido with a bolo at a cockpit, piercing his body. Sabasido died instantly. The appellant also wounded Bernardino Lacambra with the same bolo strike, and Lacambra died 7 days later. The court found that the appellant committed the complex crime of double murder under the Revised Penal Code, as a single unlawful act resulted in two deaths. As double murder carries the maximum penalty of death, the court sentenced the appellant to life imprisonment, as the votes required for the death penalty were not reached. The judgment of the lower court was affirmed.

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    Criminal Case

    Original Title

    People vs Balotol

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    The appellant was previously convicted of wounding Potenciano Sabasido in 1941. In 1942, the appellant stabbed Sabasido with a bolo at a cockpit, piercing his body. Sabasido died instantly. The appellant also wounded Bernardino Lacambra with the same bolo strike, and Lacambra died 7 days later. The court found that the appellant committed the complex crime of double murder under the Revised Penal Code, as a single unlawful act resulted in two deaths. As double murder carries the maximum penalty of death, the court sentenced the appellant to life imprisonment, as the votes required for the death penalty were not reached. The judgment of the lower court was affirmed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    162 views2 pages

    People Vs Balotol

    Uploaded by

    morriss hadsam
    The appellant was previously convicted of wounding Potenciano Sabasido in 1941. In 1942, the appellant stabbed Sabasido with a bolo at a cockpit, piercing his body. Sabasido died instantly. The appellant also wounded Bernardino Lacambra with the same bolo strike, and Lacambra died 7 days later. The court found that the appellant committed the complex crime of double murder under the Revised Penal Code, as a single unlawful act resulted in two deaths. As double murder carries the maximum penalty of death, the court sentenced the appellant to life imprisonment, as the votes required for the death penalty were not reached. The judgment of the lower court was affirmed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    People vs Balotol one who filed a complaint against me.

    I am going to
    Complex Crime Compound Crime kill you." At that very moment, he said, Sabasido
    stabbed him and hit him on the left forearm above
    G.R. No. L-1935 August 11, 1949 the elbow; that Sabasido again stabbed him and hit
    him on his left buttock; that then he held the right
    PEOPLE OF THE PHILIPPINES, Plaintiff- arm of Sabasido with his left hand and stabbed
    Appellee, vs. ELADIO BALOTOL, Defendant- Sabasido on the right side of his body, "which is a
    Appellant. little bit to the back. Sabasido released my hand
    which was holding his right arm and then stabbed
    Baltazar M. Villanueva for the appellant. me from left to right. Then I held his right wrist
    First Assistant Solicitor General Roberto A. with my felt hand and pushed same towards
    Gianzon and Solicitor Luis R. Feria for the Sabasido's body and I trust him on his abdomen."
    appellee. After that he ran away, he said.

    OZAETA, J.: The accused called two witnesses, Celso Palo and
    Basillo Lacambra, to corroborate his story. These
    This is an appeal from a sentence of the Court of two witnesses testified in substance to the same
    First Instance of Samar convicting the appellant of effect as the accused, except that they added that it
    double murder and sentencing him to suffer life was the deceased Potenciano Sabasido who
    imprisonment and to indemnify the heirs of the wounded Bernardino Lacambra accidentally while
    deceased Potenciano Sabasido and Bernardino the accused was running away and Sabasido was
    Lacambra in the sum of P2,000, respectively, and to pursuing him.
    pay the costs.
    The trial court did not believe the testimony of the
    In 1941 the deceased Potenciano Sabasido accused and his witnesses and believed that of the
    wounded the appellant. He was prosecuted for less witnesses for the prosecution.
    serious physical injuries, pleaded guilty, and was
    sentenced to suffer fifteen days of imprisonment. After a careful and thorough study of the record we
    agree with the trial court. The nature and the
    On the afternoon of May 24, 1942, the appellant position of the wounds of Potenciano Sabasido
    saw Potenciano Sabasido for the first time since the completely belie the theory of the defense. Both
    latter was released from jail, at a cockpit in the wounds pierced thru the body from back to front
    barrio of Silaga, municipality of Santa Rita, Samar. and could not have been inflicted by the accused in
    According to the witnesses for the prosecution the manner claimed by him, that is to say, in a face-
    Sabasido was standing outside the ring close behind to-face fight. Moreover, the story of the witnesses
    Bernardino Lacambra with his two hands holding for the defense as to how Bernardino Lacambra was
    the shoulders of the latter, witnessing a cockfight. wounded, namely, that Sabasido accidentally hit
    The appellant approached Sabasido from behind him while he was pursuing the appellant after the
    and stabbed him with a bolo in the back. The latter had wounded him twice, is unbelievable. No
    weapon pierced thru the body of Sabasido at the man with two bolo wounds thru his body, one thru
    abdominal region and wounded Lacambra also. the abdominal region and the other thru the thorax,
    Sabasido fell face downward and the appellant could possibly run in pursuit of another. Those
    stabbed him again in the back near the right wounds were necessarily so fatal as to cause
    shoulder, the bolo again piercing thru his body. instantaneous death. On the other hand, the
    Sabasido died instantaneously and Lacambra, seven testimony of the witnesses for the prosecution as to
    days later. how both Sabasido and Lacambra were wounded, is
    confirmed by the nature and the position of the
    The appellant admits having cause the death of wounds of the two victims.
    Potenciano Sabasido but denies having wounded of
    Bernardino Lacambra. "I do not know who caused The crime committed by the appellant was double
    wound of Bernardino Lacambra," he testified. murder, defined and penalized in article 248, in
    According to him, while he was walking around the relation to article 48, of the Revised Penal Code.
    ring of the cockpit looking for a bet, Potenciano Article 48 provides that when a single act
    Sabasido saw him and said to him: "So you are the constitutes two or more grave or less grave felonies,
    the penalty for the most serious crime shall be
    imposed, the same to be applied in its maximum
    period. The penalty for murder is reclusion temporal
    in its maximum period to death. Since under article
    48 this penalty must be applied in its maximum
    period, the appellant should be sentenced to death.
    However, in view of the lack of the necessary
    number of votes to impose the death penalty, we are
    constrained to apply the penalty next lower in
    degree, which is life imprisonment.

    The judgment is affirmed, with costs.

    People vs Balotol

    Facst:
    Sometimes in 1941, Eladio Balotol the
    herein appellant was prosecuted for less serious
    physical injuries for wounding Potenciano
    Sabasido, the deseased and was sentenced
    accordingly. Sometimes on the afternoon of May
    24, 1942, the appellant saw Potenciano Sabasido for
    the first time since the latter was released from jail,
    at a cockpit in the barrio of Silaga, Samar. The
    appellant approached Sabasido and stabbed him
    with a bolo which pierced thru his body and
    wounded Lacambra. Sabasido died instantly.
    Lacambra died 7 days later.

    Issue:
    Whether the herein appellant have
    committed complex crime.

    Held:
    The court held that the herein appellant have
    committed complex crime of double murder
    wherein defined and penalized in Art. 248 (Murder)
    in relation to Art. 48 ( penalties for complex crime)
    of the Revised Penal Code which provides that
    when a single act constitutes two or more grave or
    less grave , the penalty for the most serious crime
    shall be imposed and the same shall be applied in its
    maximum period to death.

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