(1) Five men were accused of killing two brothers, Cesario and Rogelio Ilac, after encountering them near a river late at night. (2) The court found the confessions of the five accused men to be more credible than the testimony of the sole eyewitness, the brother of the victims. (3) The Supreme Court ruled that two of the accused, Charles and Juan, were guilty of homicide aggravated by abuse of superiority and cruelty for the killing of Rogelio Ilac. Weighting down and tying the victims' bodies before disposing of them in the river constituted an outrage to the corpses under the law.
(1) Five men were accused of killing two brothers, Cesario and Rogelio Ilac, after encountering them near a river late at night. (2) The court found the confessions of the five accused men to be more credible than the testimony of the sole eyewitness, the brother of the victims. (3) The Supreme Court ruled that two of the accused, Charles and Juan, were guilty of homicide aggravated by abuse of superiority and cruelty for the killing of Rogelio Ilac. Weighting down and tying the victims' bodies before disposing of them in the river constituted an outrage to the corpses under the law.
(1) Five men were accused of killing two brothers, Cesario and Rogelio Ilac, after encountering them near a river late at night. (2) The court found the confessions of the five accused men to be more credible than the testimony of the sole eyewitness, the brother of the victims. (3) The Supreme Court ruled that two of the accused, Charles and Juan, were guilty of homicide aggravated by abuse of superiority and cruelty for the killing of Rogelio Ilac. Weighting down and tying the victims' bodies before disposing of them in the river constituted an outrage to the corpses under the law.
(1) Five men were accused of killing two brothers, Cesario and Rogelio Ilac, after encountering them near a river late at night. (2) The court found the confessions of the five accused men to be more credible than the testimony of the sole eyewitness, the brother of the victims. (3) The Supreme Court ruled that two of the accused, Charles and Juan, were guilty of homicide aggravated by abuse of superiority and cruelty for the killing of Rogelio Ilac. Weighting down and tying the victims' bodies before disposing of them in the river constituted an outrage to the corpses under the law.
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G.R. No.
L-36446 September 9, 1983
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUAN C. MAGUDDATU, EDIPOLO L. MAGUDDATU, CHARLES A. MAGUDDATU, PEDRO MAGUDDATU and ANTONIO CABAYU, Accused whose death sentences are under review. (p. 502, Reyes) FACTS The Court held that the confessions of the five accused were more valid, than the single uncorroborated testimony of Reynaldo Ilac, 20, the brother of the victims, who was the only alleged eyewitness of the killing. According to this version, on the night in question, while they were returning from Barrio Sirit, Abulug, where they attended a dance, and when the motorized banca wherein they were riding was at Sitio Cabaritan, Barrio Dana-ili, they saw on the bank three persons leading a carabao. Suspecting them to be cattle rustlers, they stopped the banca and landed on the bank. Edipolo, armed with a bolo (duckial), pursued one of the three men whom he killed because he resisted. He did not know the mans name (he was Cesario Ilac). Charles, armed with a carbine, and Juan, armed with a bolo (immuko), killed their quarry whose name they also did not know (he was Regelio Ilac). Pedro and Antonio chased the third man who was able to escape. Then, Charles, Juan and Edipolo tied the two dead bodies with wire and nylon rope, weighted them with a piece of cement and scrap iron, placed the cadavers in the boat and submerged the same in the river near Sitio Gandia. The five accused are related to each other and to Mayor Inocencio Maguddatu of Abulug. ISSUE W/N the act of defendants constitute an outrage to the corpses as contemplated in article 248(6) of the Revised Penal Code as distinguished from article 14(21) which speaks merely of deliberately augmenting the wrong not necessary to its commission RULING CFI Cagayan CFI found Pedro, Juan, Edipolo and Charles, all surnamed Maguddatu, and Antonio Cabayu guilty of double murder, imposing on each of them two death penalties and requiring them to pay solidarily the heirs of the victims, the brothers Rogelio Ilac and Cesario Ilac, an indemnity of P50,000 (Criminal Case No. 183-S). Edipolo and Pedro died in prison on September 29, 1976 and June 17, 1983, respectively. RULING SC For the killing of Rogelio Ilac, Charles and Juan are guilty of homicide aggravated by abuse of superiority, use of the motorized banca (in disposing of the corpse) and cruelty. Weighting the victims bodies with a cement boulder and hub cap and tying their wrist and ankles with nylon cord and wire constitute an outrage their corpses as contemplated in article 248(6) of the Revised Penal Code as distinguished from article 14(21) which speaks merely of deliberately augmenting the wrong not necessary to its commission. They are entitled to the mitigating circumstances of voluntary surrender to the authorities.