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PEOPLE V.

TORING

Crime: Murder

Topic: Incomplete justification/Exemption

Plaintiff-Appellee: People of the Philippines

Accused-Appellants: Luis Toring, Diosdado Berdon, Carmelo Berdin

Nature of Petition: Appeal: The appellants seek the reversal of the decision made by the lower
court.

Previous Decisions:

CIRCUIT CRIMINAL COURT IN CEBU CITY: Luis Toring is guilty beyond reasonable doubt.
The court recognized the accused having the mitigating circumstance of
voluntary surrender with it being offset by the aggravating circumstance
of nighttime and was sentenced to the penalty of Reclusion Perpetua.
Diosdado Berdon, having no mitigating nor aggravating circumstances,
was sentenced to imprisonment of six years of Prision Correccional to
twelve years and one day of Reclusion Temporal. Camilo Berdin, for
having the mitigating circumstance of minority being 17 years old, was
sentenced to six months and one day of Prision Correccional. The three
also have to indemnify the heirs for damages, both compensatory and
moral, amounting to PhP65,000.

Facts:

On the night of the murder, there was a benefit dance held in Naga, Babag II, Lapu-lapu
City for the last canvassing of votes for the princesses who would reign at the sitio fiesta and
one of the candidates was the daughter of Samuel Augusto. Around 10:45 P.M., his daughter was
proclaimed the winner. After the proclamation, Augusto stepped out of the dancing area to
answer the call of nature.
At that moment, Luis Toring, Diosdado Berdon, and Carmelo Berdin were seen by
barangay tanod Felix Berdin whispering in a dark area. Berdon handed a knife to Toring who
approached Augusto from behind and stabbed him in the right side. Thereafter, the three
assailants ran towards the dark and Felix was unable to catch them.
Augusto was brought to the hospital where he died on arrival. According to the necropsy
report, Augustos death was due to a massive hemorrhage secondary to the stab wound on the
abdomen.
The location of the murder weapon was pointed out by Carmelo Berdin to be at Luis
Torings house.
The three were charged with conspiracy in killing Samuel Augusto in a treacherous
manner. It was alleged that Berdon supplied the weapon which Toring used for stabbing
Augusto while Berdin concealed the weapon.
The morning after the incident, Toring was sleeping in the hut with his older brother,
Arsenio when Edgar Augusto, the younger brother of Samuel, shot them and Arsenio was hit on
the left leg.
It was also mentioned that a year before the incident, Toring was shot by Edgar.

Contention of the State: Toring was the aggressor acting in retaliation or revenge by a running
feud or a long-standing grudge between the groups of Toring and
Augusto. Conspiracy, however, was ruled out among the three accused
on the ground that there was no proof on what they were whispering
about.

Contention of the Accused: All three assailants pleaded not guilty. Toring contended that he
was acting in defense of his cousin. On the night of the benefit dance,
Augusto was thrusting the butt of his shotgun on the chin of Joel Escobia,
Torings cousin. With this, Toring stabbed Augusto with no intention of
killing the latter. Berdin admitted that he witnessed the stabbing and he
ran away immediately after but he was with Toring when the latter hid
the knife under a trunk in Torings house. Berdon, however, did not
attend the dance because of the trouble which erupted the night before
and contended that he did not have anything to do with the stabbing.

Supreme Court Decision: The lower courts decision was affirmed but with modifications.
First, Luis Toring was sentenced to an indeterminate penalty of six years
of Prision Correccional to twelve years of Prision Mayor. Diosdado
Berdon shell suffer an indeterminate penalty of six years and one day of
Prision Mayor to twelve years and one day of Reclusion Temporal.
Carmelo Berdin is acquitted as an accessory to the murder. Toring and
Berdon shall indemnify the heirs of Augusto of PhP30,000.

Reasons: First, it must still be proven that Augusto brought a firearm on the night of the benefit
dance. Also, it cannot be said that Toring was impelled by the desire to
avenge the immediate wrong inflicted on his cousin. Rather, we was
motivated by revenge, resentment, or evil motive due to the feud
between the Augusto and Toring brothers. Toring should also be
credited with the privileged mitigating circumstance of incomplete
defense of a relative and the mitigating circumstance of voluntary
surrender. Nighttime cannot be considered an aggravating circumstance
since there was no proof that it was purposely sought to insure the
commission of the crime or to prevent its discovery. On Berdons part,
his participation by supplying the knife was proven beyond reasonable
doubt. Lastly, the fact that Berdin knew where Toring hid the knife does
not imply that the former concealed it to prevent its discovery. Berdins
willingness to retrieve and surrender the weapon to the police is
inconsistent with guilt.

Other Legal Concepts Discussed:

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