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    People V Capalac CRIM Digest

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    Karina Garcia
    1) Mario Capalac, a police officer, and his brother Jesus confronted and attacked Jimmy Magaso who had stabbed their brother Moises, resulting in Jimmy's death. 2) The court found Mario guilty of murder but removed the aggravating circumstance of taking advantage of his position as a police officer, as he was acting as an avenging brother rather than in his official capacity. 3) The court upheld findings of conspiracy between the brothers and treachery in the crime, but not evident premeditation. It found the mitigating circumstance of immediate vindication for avenging the stabbing, and reduced the penalty to 10 years and 1 day to 17 years and 4 months of imprisonment.

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    People V Capalac CRIM Digest

    Uploaded by

    Karina Garcia
    2K views1 page
    1) Mario Capalac, a police officer, and his brother Jesus confronted and attacked Jimmy Magaso who had stabbed their brother Moises, resulting in Jimmy's death. 2) The court found Mario guilty of murder but removed the aggravating circumstance of taking advantage of his position as a police officer, as he was acting as an avenging brother rather than in his official capacity. 3) The court upheld findings of conspiracy between the brothers and treachery in the crime, but not evident premeditation. It found the mitigating circumstance of immediate vindication for avenging the stabbing, and reduced the penalty to 10 years and 1 day to 17 years and 4 months of imprisonment.

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    People v Capalac Crim law digest

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    People v Capalac CRIM digest

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    1) Mario Capalac, a police officer, and his brother Jesus confronted and attacked Jimmy Magaso who had stabbed their brother Moises, resulting in Jimmy's death. 2) The court found Mario guilty of murder but removed the aggravating circumstance of taking advantage of his position as a police officer, as he was acting as an avenging brother rather than in his official capacity. 3) The court upheld findings of conspiracy between the brothers and treachery in the crime, but not evident premeditation. It found the mitigating circumstance of immediate vindication for avenging the stabbing, and reduced the penalty to 10 years and 1 day to 17 years and 4 months of imprisonment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    People V Capalac CRIM Digest

    Uploaded by

    Karina Garcia
    1) Mario Capalac, a police officer, and his brother Jesus confronted and attacked Jimmy Magaso who had stabbed their brother Moises, resulting in Jimmy's death. 2) The court found Mario guilty of murder but removed the aggravating circumstance of taking advantage of his position as a police officer, as he was acting as an avenging brother rather than in his official capacity. 3) The court upheld findings of conspiracy between the brothers and treachery in the crime, but not evident premeditation. It found the mitigating circumstance of immediate vindication for avenging the stabbing, and reduced the penalty to 10 years and 1 day to 17 years and 4 months of imprisonment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Aggravating Circumstances: Taking advantage of public office

    People v Capalac
    GR No. L38297

    Date of Promulgation: Oct 23, 1982
    Ponente: Fernando, CJ.
    Petition: Appeal from a decision of CFI of Iligan
    Petitioners: People of the Philippines
    Respondents: Mario Capalac

    Facts:
    Moises Capalac, the brother of accused Mario Capalac (a police officer), was stabbed by
    Jimmy Magaso. Following this incident, in the cockpit of Iligan, Jimmy was trying to escape
    when he was confronted by the Moises brothers (Mario and Jesus
    1
    ) and 2 other companions
    2
    .
    The attempt of Jimmy to board a jeep was unsuccessful; he having alighted after two shots were
    fired in succession. Knowing that he was completely at the mercy of the two brothers, he raised
    his hands as a sign of surrender, but they were not appeased. He was pistol-whipped by
    Mario, and after having fallen in the ground, was stabbed on the chest 3-4 times by Jesus.
    He died on the way to the hospital.

    Mario was convicted of murder, as qualified by evident premeditation and treachery. The
    lower Court also found that he took advantage of his position as a police officer. He was
    sentenced to death.

    Mario appealed, thus this review.

    Issues/Held:
    1. WON there is an aggravating circumstance of taking advantage of public
    office/position NO
    2. WON there was
    a. Conspiracy - YES
    b. Treachery YES
    c. Evident premeditation NO
    d. Mitigating circumstance of immediate vindication YES

    Ratio:
    1. The mere fact that appellant Mario is a member of the police force did not by itself justify
    the aggravating circumstance of taking advantage of public office/position. He acted
    like a brother (of Moises), instinctively reacting to what was undoubtedly a vicious
    assault on his kin. He pistol-whipped the deceased because he had a pistol with him.
    It came in handy and he acted accordingly. That he was a policeman is of no
    relevance in assessing his criminal responsibility.

    2. a. There was conspiracy since the two brothers, as well as their 2 companions,
    apparently had one purpose in mind, to avenge the stabbing of Moises. They all acted
    in concert.

    b. There was treachery since the crime was committed to insure that Jimmy would die.
    His situation was hopeless. Any defense he could have put up would be futile and
    unavailing. There was also no risk to the aggressors since two other companions
    assisted them.

    c.There is no evident premeditation. The brothers were prompted by their desire to
    avenge Moises. They went after Jimmy, assaulted him, and relied on the weapons

    1
    Jesus has already died and so he was not included as an accused in the information filed.
    2
    The two companions were not named and were not included in the information.
    that they carried. There was no evidence that they deliberately employed means to
    add ignominy to the natural effects of the act.

    d. There is mitigating circumstance of immediate vindication since the purpose of the
    crime was to vindicate the stabbing of Moises by Jimmy.


    Decision:
    Decision modified. In lieu of mitigating circumstance of immeadiate vindication, penalty of death
    is lowered to 10 years and 1 day of prision mayor min to 17 years, 4 mos, and 1 day of reclusion
    temporal max. Decision affirmed in all other aspects.

    Opinions:
    Concur:
    Concepcion, Guerrero, Abad Santos, Melencio-Herrera, Plana, Escolin, Relova

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