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Chester Cabalza recommends his visitors to please read the original & full
text of the case cited. Xie xie!
People vs Amadeo Peralta, et al.
G.R. No. L-19069
October 29, 1968
Facts:
On February 16, 1958, in the municipality of Muntinglupa, province of Rizal, two
known warring gangs inside the New Bilibid Prison as Sigue-Sigue and OXO
were preparing to attend a mass at 7 a.m. However, a fight between the two rival
gangs caused a big commotion in the plaza where the prisoners were currently
assembled. The fight was quelled and those involved where led away to the
investigation while the rest of the prisoners were ordered to return to their
respective quarters.
In the investigation, it was found out that the accused, OXO members, Amadeo
Peralta, Andres Factora, Leonardo Dosal, Angel Paramog, Gervasio Larita and
Florencio Luna (six among the twenty-two defendants charged therein with
multiple murder), are also convicts confined in the said prisons by virtue of final
judgments.
They conspired, confederated and mutually helped and aided each other, with
evident premeditation and treachery, all armed with deadly weapons, did, then
and there, willfully, unlawfully and feloniously killed Sigue-Sigue sympathizers
Jose Carriego, Eugenio Barbosa and Santos Cruz, also convicts confined in the
same institution, by hitting, stabbing, and striking them with ice picks, clubs and
other improvised weapons, pointed and/or sharpened, thereby inflicting upon the
victims multiple serious injuries which directly caused their deaths.
Issues
(a) Whether of not conspiracy attended the commission of the multiple murder?
and killed thereby, showing that their killing has been planned. Second, the
accused were all armed with improvised weapons showing that they really
prepared for the occasion. Third, the accused accomplished the killing with team
work precision going from one brigade to another and attacking the same men
whom they have previously marked for liquidation and lastly, almost the same
people took part in the killing of the Carriego, Barbosa and Cruz.
In view of the attendance of the special aggravating circumstances of quasirecidivism, as all of the six accused at the time of the commission of the offenses
were serving sentences in the New Bilibid Prison by virtue of convictions by final
judgments that penalty for each offense must be imposed in its maximum period,
which is the mandate of the first paragraph of article 160 of the RPC. Hence,
severe penalty imposed on a quasi-recidivist is justified because of the perversity
and incorrigibility of the crime.
Accordingly, the judgment a quo is hereby modified as follows: Amadeo Peralta,
Andres Factora, Leonardo Dosal, Angel Paramog, Gervasio Larita and Florencio
Luna are each pronounced guilty of three separate and distinct crimes of murder,
and are each sentenced to three death penalties; all of them shall, jointly and
severally, indemnify the heirs of each of the three deceased victims in the sum of
P12,000; each will pay one-sixth of the costs.