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Esteban Carandang was charged with murder. Juan Magante died after receiving two stab wounds to the back during a fight. Esteban stabbed Juan in the back while he was on the ground struggling with Marciano Marco. The court found Esteban guilty of murder, as stabbing someone from behind without their ability to defend themselves constitutes treachery, a qualifying circumstance for murder. While treachery could apply to others involved, there was not sufficient evidence Esteban and Marciano had conspired to kill Juan, so only Esteban was found guilty of murder.

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59 views

83

Esteban Carandang was charged with murder. Juan Magante died after receiving two stab wounds to the back during a fight. Esteban stabbed Juan in the back while he was on the ground struggling with Marciano Marco. The court found Esteban guilty of murder, as stabbing someone from behind without their ability to defend themselves constitutes treachery, a qualifying circumstance for murder. While treachery could apply to others involved, there was not sufficient evidence Esteban and Marciano had conspired to kill Juan, so only Esteban was found guilty of murder.

Uploaded by

Samuel Walsh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case People vs. Carandang, G.R. No.

32039, 26 February 1930

Facts Marciano Marco, cloth peddler, presented himself at Perfecto Magante's


house, offering for sale the cloth which he was carrying. The latter told
Marciano to go away because they had no money. Marciano replied that the
cloth could be had very cheap, whereat Juan Magante, son of Perfecto
Magante, inquired as to the price of a blanket, and was told that it was worth
P8.50 but that he might have it for less. Juan Magante offered P2 for it and
Marciano Marco, doubtless disgusted at the low price, insulted him. Juan
Magante answered the insult with a punch on Marciano's mouth, who fell to
the ground with his bundle of cloth and, getting up, ran away leaving his
wares behind.
While Juan was sitting on the curb, Marciano returned followed by a crowd,
and gave Juan a blow with the cane he was carrying, Juan succeeded in
warding off the blow; whereupon they fought hand to hand, falling to the
ground in a clinch, and rolling over in a ditch. At this, Esteban Carandang fell
upon Juan Magante, trying to wound him in the back with the knife he had,
but he missed him and instead wounded his companion Marciano Marco in
the neck. The prosecution accounts for the wound in this part of Marciano
Marco's body. Esteban Carandang against attacked Juan Magante from
behind, while the latter was still on the ground struggling with Marciano
Marco. This time he wounded Magante in the back, and then ran away. Juan
Magante received two wounds in the back, besides several bruises, in
consequence of which, he died the following morning.

Issue Wether the accused is guilty of the crime of murder.

Ruling YES. The accused inflicted the blow upon Juan Magante's back while the
latter was on the ground struggling with Marciano Marco, without any danger
to his person that might come from Juan Magante, and its constitutes
treachery, the qualifying element of the murder under consideration.
Although treachery, as a qualifying circumstances, is a condition which
should be considered against all persons participating or cooperating in the
perpetration of the crime, it is evident that in the present case it can only be
imputed to appellant Esteban Carandang, because, although the two helped
each other in attacking the deceased, it has not been sufficiently proved that
said Esteban Carandang and Marciano Marco had conspired to take the life
of Juan Magante.

Doctrine

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