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    PEOPLE OF THE PHILIPPINES V PAGAPULAAN

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    Melvin Ikko Esporna
    Jose Batulan and Alvin Pagapulaan were charged with murder for the death of Ruben Pacho. They allegedly conspired together and attacked Pacho with a knife, stone, and samurai sword, causing his death. Pagapulaan was a minor at the time and was released. The trial court found Batulan and others guilty of murder, which the appellate court affirmed. The Supreme Court also denied the appeal, finding that abuse of superior strength qualified the killing as murder.

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    PEOPLE OF THE PHILIPPINES V PAGAPULAAN

    Uploaded by

    Melvin Ikko Esporna
    187 views1 page
    Jose Batulan and Alvin Pagapulaan were charged with murder for the death of Ruben Pacho. They allegedly conspired together and attacked Pacho with a knife, stone, and samurai sword, causing his death. Pagapulaan was a minor at the time and was released. The trial court found Batulan and others guilty of murder, which the appellate court affirmed. The Supreme Court also denied the appeal, finding that abuse of superior strength qualified the killing as murder.

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    PEOPLE OF THE PHILIPPINES v PAGAPULAAN

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    Jose Batulan and Alvin Pagapulaan were charged with murder for the death of Ruben Pacho. They allegedly conspired together and attacked Pacho with a knife, stone, and samurai sword, causing his death. Pagapulaan was a minor at the time and was released. The trial court found Batulan and others guilty of murder, which the appellate court affirmed. The Supreme Court also denied the appeal, finding that abuse of superior strength qualified the killing as murder.

    Copyright:

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

    PEOPLE OF THE PHILIPPINES V PAGAPULAAN

    Uploaded by

    Melvin Ikko Esporna
    Jose Batulan and Alvin Pagapulaan were charged with murder for the death of Ruben Pacho. They allegedly conspired together and attacked Pacho with a knife, stone, and samurai sword, causing his death. Pagapulaan was a minor at the time and was released. The trial court found Batulan and others guilty of murder, which the appellate court affirmed. The Supreme Court also denied the appeal, finding that abuse of superior strength qualified the killing as murder.

    Copyright:

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

    PEOPLE OF THE PHILIPPINES v PAGAPULAAN

    Facts: Appellant Jose Batulan and his co-accused Alvin Pagapulaan, et al were charged with
    murder for the death of Ruben Pacho. The above-named accused conspiring, confederating and
    mutually helping one another, with intent to kill, taking advantage of superior strength and with the
    aid of armed men, armed with a batangas knife, stone, and Samurai 24 inches long, which caused
    the death of Ruben Pacho.

    Pagapulaan, being a minor when the felony was committed, was released on recognizance. 

    Appellant and his co-accused denied the charge. He did not know his co-accused. He met them for
    the first time in City Jail.

    RTC finds Renato Fuentes et al guilty. CA affirmed

    Issue: WON CA erred in affirming appellant's conviction for murder?

    Ruling: No. The fact that Ruben attempted to fend off Pagapulaan with a samurai did not
    automatically negate abuse of superior strength. For when the four (4) accused ganged up on him
    during the squabble, they managed to disarm Ruben. In contrast, they armed themselves with the
    samurai, a knife and a stone. Obviously, the force they used far exceeded the means of defense
    available to Ruben. All told, abuse of superior strength qualified his killing to murder.

    ACCORDINGLY, the appeal is DENIED. Appellant JOSE BATULAN is GUILTY of MURDER

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