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People Vs Delim Crim

This case involves five brothers - Marlon, Leon, Manuel, Robert, and Ronald Delim - who were charged with the murder of Modesto Bantas. On January 23, 1999, Marlon, Robert, and Ronald charged into Modesto's house, poked a gun at him, and herded him outside while Leon and Manuel ensured that others stayed inside. Modesto's body was found two days later. The court found conspiracy among the brothers but not treachery. While the brothers acted in unison, there was insufficient evidence that Modesto was defenseless. The appellants were found guilty of homicide rather than murder.

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Ian C. Guimar
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652 views2 pages

People Vs Delim Crim

This case involves five brothers - Marlon, Leon, Manuel, Robert, and Ronald Delim - who were charged with the murder of Modesto Bantas. On January 23, 1999, Marlon, Robert, and Ronald charged into Modesto's house, poked a gun at him, and herded him outside while Leon and Manuel ensured that others stayed inside. Modesto's body was found two days later. The court found conspiracy among the brothers but not treachery. While the brothers acted in unison, there was insufficient evidence that Modesto was defenseless. The appellants were found guilty of homicide rather than murder.

Uploaded by

Ian C. Guimar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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People vs. Delim PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

MARLON DELIM, LEON DELIM, MANUEL DELIM alias "BONG" (At Large), ROBERT DELIM (At Large), and RONALD DELIM alias "BONG", accusedappellants. This case is with regard to Art 8 and 13 of the Revised Penal Code "the act of one is the act of all" Case of People of the R.P. vs. Delim G.R. No. 142773 28January2003 FACTS OF THE CASE: It is due to the automatic review of the decision of the RTC Branch 46 (Urdaneta City) finding the appellants, guilty beyond reasonable doubt and sentencing them to death for the murder of Modesto Bantas. Appellants pleaded not guilty to the charge. The appellants and victim are related for modesto is an adopted son of their father. On January 23,1999 Marlon, Robert and Ronald Delim charged into the house and poked a gun at modesto and herded him outside the house. Leon and Manuel Delim both armed stayed put and made sure that randy and rita stayed put. Modesto's lifeless body was then found on January 25, 1999. Marlon, Ronald, and Leon used denial and alibi as their evidence against the charge. *alibis are the weakest of all defenses since it is easy to contrive and difficult to disprove ISSUES OF THE CASE: Is conspiracy and treachery present in this case to ensure that murder can be the crime? Yes there is: CONSPIRACY- is determined when two or more persons agree to commit a felony and decide to commit it. Conspiracy must be proven with the same quantum of evidence as the felony itself, more specifically by proof beyond reasonable doubt. It is not essential that there be proof as to the existence of a previous agreement to commit a crime. It is sufficient if, at the time of

commission of the crime, the accused had the same purpose and were united in its executed. appellants acted in unison when they abducted Modesto. So their acts were synchronized and executed with precision evincing a preconceived plan to kill Modesto There is no: TREACHERY- there is treachery when the offender commits any of the crimes against person, employing means, methods, or forms in the execution thereof which tend directly and especially to insure its execution, without risk to himself arising from the defense which the offended party might make. For it to be appreciated prosecution needs to prove: a. employment of means of execution which gives the person no opportunity to defend himself b. the means of execution is deliberately and consciously adopted in the appellants case there are no evidence to the particulars on how Modesto was assaulted and killed and this in fact does mean that treachery cannot be proven since it cannot be presumed that modesto was defenseless during the time that he was being attacked and shot at by the appellants. Sheer numbers by the appellants when they attacked modesto does not constitute proof that the three took advantage of their numerical superiority and their handguns when Modesto was shot and stabbed. HELD: APPELLANTS ARE GUILTY BEYOND REASONABLE DOUBT OF THE FELONY OF HOMICIDE (THE DECISION OF THE LOWER COURTS WERE MODIFIED TO LOWER THE CRIME FROM MURDER TO HOMICIDE)

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