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Facts:: People vs. Dela Cruz, (Nos. 154348-50, June 8, 2004)

1) Pablo dela Cruz was found guilty of murdering 81-year-old Victoriano Francisco at a public market on December 15, 1995. He stabbed Francisco with a hunting knife, causing his death. 2) Dela Cruz was also found guilty of two counts of frustrated murder. 3) The trial court sentenced Dela Cruz to reclusion perpetua for the murder charge and indeterminate sentences of 8 years and 1 day to 14 years and 8 months for the frustrated murder charges. He was also ordered to pay civil indemnities and damages.

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69 views2 pages

Facts:: People vs. Dela Cruz, (Nos. 154348-50, June 8, 2004)

1) Pablo dela Cruz was found guilty of murdering 81-year-old Victoriano Francisco at a public market on December 15, 1995. He stabbed Francisco with a hunting knife, causing his death. 2) Dela Cruz was also found guilty of two counts of frustrated murder. 3) The trial court sentenced Dela Cruz to reclusion perpetua for the murder charge and indeterminate sentences of 8 years and 1 day to 14 years and 8 months for the frustrated murder charges. He was also ordered to pay civil indemnities and damages.

Uploaded by

Jonathan Garces
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People vs.

Dela cruz,
[Nos. 154348-50, June 8, 2004]

YNARES-SANTIAGO, J.:

Facts:
As modified, appellant Pablo "Pablito" dela Cruz is found guilty beyond
reasonable doubt of the crime of Murder in Criminal Case No. 12445, and
sentenced to suffer the penalty of reclusion perpetua. He is likewise adjudged to
indemnify the heirs of the deceased, Victoriano Francisco, the sum of Fifty
Thousand Pesos (P50,000.00) as civil indemnity ex delicto and Twenty Five
Thousand Pesos (P25,000.00) as temperate damages.

That on or about 11:00 o’clock in the morning of December 15, 1995, at the
public market of Sta. Catalina, Negros Oriental, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, with intent to kill,
with treachery and evident premeditation, did then and there, willfully, unlawfully,
and feloniously ATTACK, ASSAULT and STAB one Victoriano Francisco, a
sickly old man aging 81 years, with the use of a hunting knife with which said
accused provided himself at that time, thereby causing a fatal injury on the body of
said Victoriano Francisco, who died instantaneously as a result thereof, to the
damage and prejudice of the heirs of the same victim.

Issue:

Frustrated Murder

Ruling:

A decision was rendered by the trial court finding appellant guilty of the
crime of Murder in Criminal Case No. 12445 and sentenced to suffer the penalty
of Reclusion Perpetua; guilty of the crime of Frustrated Murder in Criminal Case
No. 12446 and sentenced to suffer the indeterminate penalty of Eight (8) Years and
One (1) Day of Prision Mayor, as minimum, to Fourteen (14) Years, Eight (8)
Months and One (1) Day of Reclusion Temporal, as maximum; and guilty of the
crime of Frustrated Murder in Criminal Case No. 12452 and sentenced to suffer the
indeterminate penalty of Eight (8) years and One (1) Day of Prision Mayor, as
minimum, to Fourteen (14) Years, Eight (8) Months and One (1) Day of Reclusion
Temporal, as maximum. He is further ordered to pay the heirs of Victoriano
Francisco the sum of P50,000.00 as civil indemnity, and to pay Felipe Pajunar the
sum of P1,495.60 as actual damages.

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