CA Decision Affirmed. Based On Case Law, A Tumultuous Affray Takes Place

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Case Wacoy vs. People, G.R. No.

213792, 22 June 2015

Facts The victim Argo was beaten up by accused and co-accused taking turns in
kicking his stomach. Argo was rushed to the hospital and eventually died.
The accused were convicted of causing death due a tumultuous affray in the
RTC, this was later modified in the CA ruling that homicide is the crime
committed. Petitioner appealed before the Court after his MR was denied.

Issue Whether the accused is guilty of homicide or causing death due tumultuous
affray.

Ruling The Court agrees with the CA, the accused are found guilty of Homicide,
CA Decision affirmed. Based on case law, a tumultuous affray takes place
when a quarrel occurs between several persons and they engage in a
confused and tumultuous affray, in the course of which some person is killed
or wounded and the author thereof cannot be ascertained.
The evidence clearly established that there were only two (2) persons, Wacoy
and Quibac, who picked on one defenseless individual, Aro, and attacked him
repeatedly, taking turns in inflicting punches and kicks on the poor victim.
There was no confusion and tumultuous quarrel or affray, nor was there a
reciprocal aggression in that fateful incident. Since Wacoy and Quibac
were even identified as the ones who assaulted Aro, the latter's death cannot
be said to have been caused in a tumultuous affray. Therefore, the CA
correctly held that Wacoy and Quibac' s act of mauling Aro was the proximate
cause of the latter's death; and as such, they must be held criminally liable
therefore, specifically for the crime of Homicide.

Doctrine 1. Article 251 of the RPC defined.


2. Elements of Art. 251:(a) that there be several persons; (b) that
they did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally;
(c) that these several persons quarrelled and assaulted one another in
a confused and tumultuous manner; (d) that someone was
killed in the course of the affray; (e) that it cannot be ascertained
who actually killed the deceased;
and (j) that the person or persons who inflicted serious physical injuries
or who used violence can be identified.
3. Elements of Homicide (a) a person was killed; (b) the accused killed
him without any justifying circumstance; (c) the accused had the
intention to kill, which is presumed; and (d) the killing was not attended
by any of the qualifying circumstances of Murder, or by that of
Parricide or Infanticide.

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