Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 62 views

    8.people vs. Domingo Ural

    Uploaded by

    Rochedale Colasi
    Domingo Ural, a policeman, was convicted of murdering Napola, a prisoner he had been boxing in jail. Napola fell to the ground after being kicked by Ural, who then poured liquid on and ignited Napola's body, causing severe burns. Napola died from the burns. A witness testified seeing the burning. Ural claimed he heard Napola screaming for help with his shirt on fire and removed it, but did not get medical help. The Supreme Court upheld the conviction, finding the witness testimony more credible than Ural's version and that Ural intended to harm Napola even if not kill him.

    Copyright:

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

    8.people vs. Domingo Ural

    Uploaded by

    Rochedale Colasi
    62 views2 pages
    Domingo Ural, a policeman, was convicted of murdering Napola, a prisoner he had been boxing in jail. Napola fell to the ground after being kicked by Ural, who then poured liquid on and ignited Napola's body, causing severe burns. Napola died from the burns. A witness testified seeing the burning. Ural claimed he heard Napola screaming for help with his shirt on fire and removed it, but did not get medical help. The Supreme Court upheld the conviction, finding the witness testimony more credible than Ural's version and that Ural intended to harm Napola even if not kill him.

    Original Title

    8.People vs. Domingo Ural,

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Domingo Ural, a policeman, was convicted of murdering Napola, a prisoner he had been boxing in jail. Napola fell to the ground after being kicked by Ural, who then poured liquid on and ignited Napola's body, causing severe burns. Napola died from the burns. A witness testified seeing the burning. Ural claimed he heard Napola screaming for help with his shirt on fire and removed it, but did not get medical help. The Supreme Court upheld the conviction, finding the witness testimony more credible than Ural's version and that Ural intended to harm Napola even if not kill him.

    Copyright:

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

    8.people vs. Domingo Ural

    Uploaded by

    Rochedale Colasi
    Domingo Ural, a policeman, was convicted of murdering Napola, a prisoner he had been boxing in jail. Napola fell to the ground after being kicked by Ural, who then poured liquid on and ignited Napola's body, causing severe burns. Napola died from the burns. A witness testified seeing the burning. Ural claimed he heard Napola screaming for help with his shirt on fire and removed it, but did not get medical help. The Supreme Court upheld the conviction, finding the witness testimony more credible than Ural's version and that Ural intended to harm Napola even if not kill him.

    Copyright:

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

    THE PEOPLE OF THEPHILIPPINES(PLAINTIFF-

    APPELLEE)VS.DOMINGOURAL(ACCUSED-APPELLANT)L-30801
    MARCH 27,1974J.

    FACTS:
    Alberio went to the municipal building and saw Ural, a policeman inside the
    jail where he was boxing prisoner Napola (who was imprisoned for being
    drunk). When Napola fell to the ground he U kicked him and poured some
    liquid on N and then ignited N’s body. Dr. Luzonia Bakil who treated the
    victim, said that he sustained 2nd degree burns on the arms, neck, left side of
    the face and one half of the body including the back. She also testified that
    without any medical intervention, the burns would have caused death- Napola
    died on Aug 25 1966. Death certificate indicated burn as the cause of death.
    During the trial, the prosecutors failed to present the detention prisoners who
    saw the burning of Napola as witnesses as well as the wife of the deceased.
    Nevertheless, Ural was convicted of murder, was sentenced to reclusion
    perpetua and was ordered to pay for costs

    ISSUE:
    Whether the evidence of the prosecution was sufficient to prove his guilt
    beyond reasonable doubt.

    RULING:
    TC did not err in convicting Ural for murder.
    Ural had his own version of the story. According to him he heard a scream for
    help from Napolawhose shirt was in flames when found by him, he removed the
    shirt, but did not summon thedoctor because he thought that the burns were
    not serious.

    SC: this statement cannot prevail over the testimony of Alberio


    This statement does not prove that he was not the one who burned Napola, at
    most thiscould only mean that he was alarmed by the consequences of his evil
    act. Ural assailed the credibility of Alberio as a witness, saying that he was not
    listed as a prosecutionwitness and that he was convicted of murder in the past
    Wouldn’t preclude him from being a credible witness. Since there was no police
    investigation (accused a police officer), the investigation that ensued was done
    by a special counsel of the fiscal’s office. A possible explanation of alberio not
    being listed at first. The statements of the witnesses for the defense were not
    inconsistent with that of Alberio’s. Therefore, there is no reason to not believe
    in Alberio’s testimony. The present case is covered by article 4 (par.1-result
    greater than what was intended).
    Aggravating circumstance: art 14(1).
    TC erred in not appreciating the Mitigating circumstance “that the offender had
    no intention to commit so grave a wrong as that committed” No intent to kill
    but only to maltreat the drunk napola who might have been making a nuisance
    of himself he realized the fearful consequence of his felonious act, he allowed
    Napola to secure medical treatment at the municipal dispensary

    You might also like