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173 People v. Latupan, G.R. No. 112453, 28 June 2001

Gerardo Latupan y Sibal was charged with two counts of frustrated murder and two counts of murder for attacking four people, the Asuncion family, with a knife in April 1991 in Tuao, Cagayan. He was convicted by the regional trial court of two counts of murder for the deaths of Jose and Lilia Asuncion and sentenced to life imprisonment for each count. He was also convicted of two counts of slight physical injuries for the attacks on Jaime and Leo Asuncion and sentenced to 20 days imprisonment for each count plus a fine. The Supreme Court affirmed the conviction but modified the damages awarded.

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276 views1 page

173 People v. Latupan, G.R. No. 112453, 28 June 2001

Gerardo Latupan y Sibal was charged with two counts of frustrated murder and two counts of murder for attacking four people, the Asuncion family, with a knife in April 1991 in Tuao, Cagayan. He was convicted by the regional trial court of two counts of murder for the deaths of Jose and Lilia Asuncion and sentenced to life imprisonment for each count. He was also convicted of two counts of slight physical injuries for the attacks on Jaime and Leo Asuncion and sentenced to 20 days imprisonment for each count plus a fine. The Supreme Court affirmed the conviction but modified the damages awarded.

Uploaded by

Mario Moreno
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People v. Latupan, G.R. No.

112453, 28 June 2001

G.R. Nos. 112453-56            June 28, 2001

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,


vs.
GERARDO LATUPAN Y SIBAL, alias JERRY, accused-appellant.

FACTS

 Gerardo Latupan y Sibal alias Jerry with two counts of frustrated murder and two counts of murder
 Criminal Case No. 379-T - April 29, 1991, in the Municipality of Tuao, Province of Cagayan, Gerardo Latupan alias
Jerry, armed with a pointed knife, with intent to kill attack, assault, box, maul, kick and hit with his aforesaid arm one
Leo Asuncion, inflicting upon him injuries on the different parts of his body.
 Criminal Case No. 380-T - April 29, 1991, in the Municipality of Tuao, Province of Cagayan,  Gerardo Latupan alias
Jerry, armed with a pointed knife, attack, assault, box, maul and kick one, Jaime Asuncion inflicting upon him injuries
on the different parts of his body.
 Criminal Case No. 381-T - Gerardo Latupan alias Jerry, armed with a pointed knife, attack, assault and stab one,
Jose Asuncion inflicting upon him stab wound on his body which caused his death.
 Criminal Case No. 382-T - Gerardo Latupan alias Jerry, armed with a pointed knife, attack, assault and stab one, Lilia
Asuncion inflicting upon her stab wounds on her body which caused her death.

ISSUE

 Whether or not Accused-appellant can plead guilty to the single offense of multiple murder with multiple frustrated
murder.

RULLING

 for each murder committed in April 1991, considering the absence of aggravating and mitigating circumstances,
is reclusion perpetua
 WHEREFORE, the Court AFFIRMS the decision of the Regional Trial Court, Tuao, Cagayan, Branch 11 in Criminal
Case Nos. 112453-56 with MODIFICATION. The accused-appellant Gerardo Latupan y Sibal is convicted of two
counts of murder, for the death of Lilia Asuncion and Jose Asuncion, and is sentenced to reclusion perpetua in each
case, and to indemnify the heirs of Lilia and Jose Asuncion in the amount of P50,000.00 pesos, each case, and in
addition thereto, the amount of P50,000.00 pesos, each case, as moral damages. Accused-appellant is further
convicted of two counts of slight physical injuries and is sentenced to twenty (20) days of arresto menor, in each case,
plus P2,000.00 pesos as indemnity to each of the two victims, Jaime and Leo Asuncion. Costs against accused-
appellant.

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