Cordillera Career Development College

COLLEGE OF LAW
Buyagan, La Trinidad, Benguet

LEGAL MEDICINE
First Semester, SY 2019
Ruth B. Bawayan, Instructor ruthbawayan.ccdc@gmail.com

GUIDELINES FOR GROUP 1 PRESENTATION

MURDER

In Criminal Case No. 2019-1111-R, the Information accuses Dexter, Francis,

and Romeo with frustrated murder, as follows:

That on December 17, 2018, at about 6:00 [o]'clock in

the morning at San Jose Parish Compound, Buyagan,
La Trinidad, Benguet, Philippines, and within the
jurisdiction of this Honorable Court, the above-named
accused, with evident premeditation and taking
advantage of their superior strength, conspiring,
confederating together and mutually helping one
another, did then and there willfully, unlawfully and
feloniously and with intent to kill, attack, assault[,] box
and struck one Manuel Caduno with a stone and hitting
the latter's head and several parts of his body, thereby
inflicting injuries[,] to wit: "Depressed Fracture, Open
frontal bone, left, and advised for surgery,["] thus
performing all the acts of execution which would
produce the crime of Murder, but nevertheless did not
produce it by reason of some cause independent of the
will of the accused, that is, by the timely and able
medical attendance rendered to the said offended party
which prevented his death.

Version of the prosecution

According to the prosecution, on December 16, 2018, at about 6:00 p.m.,

Manuel went to the house of Kagawad Abad. Manuel recounted to Kagawad
Abad a violent altercation between him and the Accused in the course of a

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basketball game earlier that afternoon. Manuel claimed that Dexter had
committed a foul against him, making him fall to the ground. He complained to
the referee and this infuriated Dexter. In response, he threatened Dexter,
telling him that "he would just get even with him." Francis heard his threat and
positioned himself to punch Manuel. Manuel, however, dodged the
blow. Romeo then came, pointing a gun at Manuel. Manuel then backed off
and pleaded that they should not fight as they were friends.

Kagawad Abalde advised Bahian to bring the matter to the attention of

Barangay Captain Yawed.

Accordingly, the following morning, Manuel and Kagawad Abad made their
way to Barangay Captain Yawed’s house. While on their way, they were
blocked by Accused. Francis hit Manuel on the left part of his chest. Manuel
staggered and fell onto a parked jeep. Dexter then hit Manuel with a stone on
the left side of his forehead, causing Manuel to fall to the ground. While
Manuel was lying prostrate on the ground, Accused boxed and kicked
Manuel. Kagawad Abad tried his best to get Manuel away but to no avail. All
he could do was to shout for help. Romeo then poked a gun at Manuel,
Francis unsheathed a bolo, and Dexter wielded an iron bar.

Barangay Captain Yawed’s rushed to the scene. There, Manuel lay on the
ground as Kagawad Abad tried to ward off his attackers. Barangay Captain
Yawed shouted to Accused to stop. Shortly after, they retreated. Barangay
Captain Yawed and Kagawad Abad then brought Manuel to Barangay Captain
Yawed’s house, and later to Benguet General Hospital and Medical Center.

Upon examination, Dr. Ara made the following findings on Manuel: "depressed
fracture, open frontal bone, left."

Manuel was noted to have possibly died, if not for the timely medical
intervention. Dr. Bawayan subsequently performed surgery on Manuel.

Version of the defense

The defense offered a different version of events.

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Accused Dexter and Francis claimed that they were having coffee at the
house of Vicente, brother of Romeo, in the morning of December
17,2018.Manuel arrived, together with Kagawad Abad, and called for Dexter to
come out. When Dexter acceded, Manuel challenged him to a fight and threw
the first punch that started a scuffle. In the course of the melee, Manuel took a
swing for Dexter, who ducked, causing Manuel to lose his balance. Manuel
then fell on the pavement and hit his head. Kagawad Abad then drew a gun,
poked it at Dexter, and threatened to kill him.

For his part, Accused Romeo claimed that he was in his house, some 50
meters away from Vicente's house when the incident recalled by Accused
Dexter and Francis transpired. He rushed to Vicente's house upon hearing a
commotion. There, he saw Manuel and Kagawad Abad, who was pointing a
gun at Dexter.

All three (3) Accused claimed that it was not until an hour after the incident
that Barangay Captain Yawed arrived. They also acknowledged that an
altercation did take place during a basketball game the day before, or on
December 16, 2018. They added however, that in the evening of December
16, while they were on their way home, Manuel waited for them to pass by his
house, where he challenged them to a fight. Witness Rodolfo allegedly
pacified Manuel.

Issue:

ARE THE ACCUSED GUILTY OF THE CRIME CHARGED?

Laws and Jurisprudence:

1. Art. 248 of the Revised Penal Code

2. Art. 6 of the Revised Penal Code, Consummated, frustrated, and
attempted felonies
3. Marasigan y De Guzman v. Fuentes, G.R. No. 201310, January 11,
2016
4. People of the Philippines v. Esteban, G.R. No. 200290, June 9,
2014

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 5. Macayan, Jr. y Malana v. People, G.R. No. 175842, March 18,
2015

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