CASE DIGEST

Atizado vs. People

Persons and Family Relations

Court Supreme Court

Citation G.R. No. 173822
Date October 13, 2010
Petitioner Salvador Atizado and Salvador Monreal
Respondent People of the Philippines
Ponente Bersamin
Relevant topic Restrictions on capacity to act – Criminal liability
Prepared by Benro Balaoing

RELEVANT CHARACTERS:
1. Salvador Atizado and Salvador Monreal – Petitioner
2. People of the Philippines – Respondent

FACTS:
1. Danilo Atizado, Salvador Atizado, Salvador Monreal - charged with murder
2. Rogelio Llona Y Llave – victim
3. April 18, 1994 Bogña, Castilla, Sorsogon
4. Armed with guns, with treachery, evident premeditation, no justifiable cause and motive, with intent to kill
5. Plead: Not Guilty
6. Llona was killed by two gunshot wounds on his back that penetrated his spinal column, liver, and abdomen. he
was shot in the house of Manuel Desder.
7. Salvador Atizado, Salvador Monreal were convicted,Danilo Atizado was acquitted due to reasonable doubt.
8. Appeal was made to the CA
9. CA affirmed the decision, hence this SC case.

ISSUE – HELD – RATIO:

ISSUE HELD
WON the lower courts erred in finding the petitioners guilty for the crime of No
murder because:
a) the witness, Mirandilla, failed to identify assailants due to her poor
vision;
b) they were assumed as the assailants because of they worked for Mr.
Lorenzano,
c) Llona was shot from a distance, not close range
d) contrary to human experience,
e) Mirandilla's account was inconsistent with Jesalva's.

RATIO:
- All assailants were positively identified by Mirandilla.
- The incident was conducted as a sudden, deadly assault, with concert, premeditation, and agreement. The
premeditated nature of the crime was deduced from the manner in which they carried it out, thereby rendering
all their denials invalid, or less prevalent than the witness’s statement.
- Monreal was a minor under 18 but older than 15 when the crime was commissioned.
- By the time of this case's promulgation he has served his full sentence already.

RULING:

Conviction is AFFIRMED, slight changes with Monreal's sentence.

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