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People Vs Agapito Listerio, G.R. No. 122099, July 5, 2000

The accused, Agapito Listerio, was convicted of murder and frustrated murder for his involvement in an attack on Marlon and Jeonito Araque. Listerio appealed, claiming the testimony against him was insufficient. The court affirmed the conviction, finding the witness testimony was credible. The court also found conspiracy was proven, as the manner of the attack showed agreement and common design among the accused to commit the offenses charged.

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21 views2 pages

People Vs Agapito Listerio, G.R. No. 122099, July 5, 2000

The accused, Agapito Listerio, was convicted of murder and frustrated murder for his involvement in an attack on Marlon and Jeonito Araque. Listerio appealed, claiming the testimony against him was insufficient. The court affirmed the conviction, finding the witness testimony was credible. The court also found conspiracy was proven, as the manner of the attack showed agreement and common design among the accused to commit the offenses charged.

Uploaded by

lyle bucol
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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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G.R.No.

122099  July 5, 2000

FACTS:
•    May 14, 1991: 
o    Marlon Araque’s Version: Marlon and his brother Jeonito were in Purok 4, Alabang,
Muntinlupa to collect a sum of money from Tino. Having failed they turned backAs they were
passing Tramo near Tino’s place, a group composed of Agapito Listerio, Samson dela Torre,
George dela Torre, Marlon dela Torre and Bonifacio Bancaya blocked their path and attacked
them with lead pipes and bladed weapons. Jeonito Araque from behind with 3 stab wounds: 1.
upper right portion of his back, 2. lower right portion and 3. middle portion of the left side of
his back causing him to fall down.  Marlon was hit on the head by Samson dela Torre and
Bonifacio Bancaya with lead pipes and momentarily lost consciousness.  When he regained
consciousness 3 minutes later, Jeonito was already dead and the group fled.  He was brought to
the hospital for treatment of his forearm and the shoulder
o    Agapito Listerio’s Version: Agapito Listerio is a 39 years old, married, side walk vegetable
vendor and a resident of Purok 4.
    1:00 pm: He was in store of Nimfa Agustin drinking beer with Edgar Demolador and Andres
Gininao
    2:00 pm: He went to his house and slept
    5:00 pm: Remolador and Gininao woke him up and told him there was a quarrel near the
railroad track
    6:00 pm: 2 policemen passed by going to the house of Samson de la Torre while he was
chatting with Remolador and Gininao and invited them for questioning.  But, the two were sent
home.  He was handed a Sinumpaang Salaysay executed by Marlon Araque, implicating him for
the death of Jeonito Araque and the frustrated murder of Marlon Araque.  When he confronted
Marlon as to why he was being included in the case, the latter replied “because you ejected us
from your house”

The accused was convicted of murder and frustrated murder committed with conspiracy.  He
assails the testimony of the witness as insufficient to convict him of her crime charged.

ISSUE: W/N there is a conspiracy for frustrated homicide

HELD: YES. Appealed decision is AFFIRMED:

It is well settled that witnesses are to be weighed, not numbered, such that the testimony of a
single, trustworthy and credible witness could be sufficient to convict an accused.  The trial
court found the witness’ testimony as candid and straightforward.  Court defer to the lower
court’s findings consistent with the principle that the trial judge is the best and the most
competent person who can weigh and evaluate the testimony of witnesses.

Conspiracy was also proven.  A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to commit it.  To establish the
existence of a conspiracy, direct proof is not essential since it may be shown by facts and
circumstances from which may be logically inferred the existence of a common design among
the accused to commit the offense charged, or it may be deduced from the mode and manner
in which the offense was perpetrated.  If there is a chain of circumstances to that effect,
conspiracy can be established.

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