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    People VS Dacillo

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    TaJheng Barde
    Dacillo was accused of murdering Rosemarie Tallada. Witnesses saw Rosemarie enter Dacillo's house and heard a struggle. Later, Rosemarie's rotting body was found encased in cement in Dacillo's home. Dacillo admitted being involved but claimed another man, Pacot, actually killed Rosemarie while Dacillo only held her legs. The court ruled Dacillo was a principal by direct participation because he admitted participating in the crime by holding Rosemarie's legs, meeting the requirements of participating in the criminal resolution and personally taking part in executing the plan. Dacillo was found guilty of murder.

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    People VS Dacillo

    Uploaded by

    TaJheng Barde
    106 views1 page
    Dacillo was accused of murdering Rosemarie Tallada. Witnesses saw Rosemarie enter Dacillo's house and heard a struggle. Later, Rosemarie's rotting body was found encased in cement in Dacillo's home. Dacillo admitted being involved but claimed another man, Pacot, actually killed Rosemarie while Dacillo only held her legs. The court ruled Dacillo was a principal by direct participation because he admitted participating in the crime by holding Rosemarie's legs, meeting the requirements of participating in the criminal resolution and personally taking part in executing the plan. Dacillo was found guilty of murder.

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    Dacillo was accused of murdering Rosemarie Tallada. Witnesses saw Rosemarie enter Dacillo's house and heard a struggle. Later, Rosemarie's rotting body was found encased in cement in Dacillo's home. Dacillo admitted being involved but claimed another man, Pacot, actually killed Rosemarie while Dacillo only held her legs. The court ruled Dacillo was a principal by direct participation because he admitted participating in the crime by holding Rosemarie's legs, meeting the requirements of participating in the criminal resolution and personally taking part in executing the plan. Dacillo was found guilty of murder.

    Copyright:

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

    People VS Dacillo

    Uploaded by

    TaJheng Barde
    Dacillo was accused of murdering Rosemarie Tallada. Witnesses saw Rosemarie enter Dacillo's house and heard a struggle. Later, Rosemarie's rotting body was found encased in cement in Dacillo's home. Dacillo admitted being involved but claimed another man, Pacot, actually killed Rosemarie while Dacillo only held her legs. The court ruled Dacillo was a principal by direct participation because he admitted participating in the crime by holding Rosemarie's legs, meeting the requirements of participating in the criminal resolution and personally taking part in executing the plan. Dacillo was found guilty of murder.

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    © All Rights Reserved
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    TOPIC: WHO ARE THE PRINCIPALS?

    (44-A) People VS. Dacillo


    G.R. No. 149368, April 14, 2004

    FACTS:
    The victim Rosemarie Tallada, was last seen alive by Jovelyn Dagmil, neighbor of the accused Dacillo at the bridge near
    their house. The latter saw Rosemarie enter the house of the accused. Moments later, a struggle was heard therein.
    Another witness, Roche Abregon who is also the Dacillo’s neighbor heard the struggling noise so she peeped through a
    hole on the wall and saw the accused with another man grappling with a woman who was gagged with a handkerchief.

    Five days later the foul odor of the victim’s rotting body was emitted from Dacillo’s house so the neighbors decided to
    call the police. They found the body of the victim encased in a cement tomb in the home of the accused. When the body
    was discovered, Dacillo immediately left for Cebu and was only arrested a year after.

    In his defense, Dacillo admitted complicity in the crime but minimized his participation. He alleged that he only held
    down Rosemarie’s legs to prevent her from struggling and that it was Joselito Pacot who killed Rosemarie. Pacot wanted
    to dump the body into the sea, but since it was low tide, accused suggested to encase it in cement instead.

    ISSUE:
    Whether or not the accused is a principal by direct participation.

    HELD:
    Yes, accused is a principal by direct participation.
    Accused Dacillo admitted that he is involved in killing Rosemarie but tried to downgrade his participation by pointing at
    Pacot as the one who killed Rosemarie. Assuming that Pacot is the mastermind, Dacillo’s admission that he participated
    in its commission by holding Rosemarie’s legs made him a principal by direct participation.
    Two or more persons taking part in the commission of a crime are considered principals by direct participation if the
    following requisites are present:
    1. They participated in the criminal resolution and
    2. They carried out their plan and personally took part in its execution by acts which directly tended to the same end.
    Both requisites were met in this case. The Court is convinced beyond doubt of the joint and concerted effort between
    appellant and the man he identified as Pacot in the killing of Rosemarie.
    Therefore, Dacillo is declared guilty beyond reasonable doubt of murder as defined and penalized under Article 248 of
    the Revised Penal Code.

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