Scribd
Upload
372 views1 page

People Vs Guittap

Cesar Osabel and Decena Masinag were convicted of robbery with homicide for stealing items and fatally stabbing Romualdo Jael and Lionela Caringal. A witness testified that Osabel told him of a plan to rob the victims at Masinag's house. Masinag denied participating. The court ruled that the witness's testimony was hearsay and no overt act was established to prove Masinag participated. Therefore, Masinag was acquitted of robbery with homicide.

Uploaded by

Ma Lorely Liban-Canapi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
372 views1 page

People Vs Guittap

Cesar Osabel and Decena Masinag were convicted of robbery with homicide for stealing items and fatally stabbing Romualdo Jael and Lionela Caringal. A witness testified that Osabel told him of a plan to rob the victims at Masinag's house. Masinag denied participating. The court ruled that the witness's testimony was hearsay and no overt act was established to prove Masinag participated. Therefore, Masinag was acquitted of robbery with homicide.

Uploaded by

Ma Lorely Liban-Canapi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

People vs.

Guittap

Facts: On February 15, 2000, appellants Cesar Osabel and Decena Masinag were convicted guilty beyond
reasonable doubt of the crime of robbery with homicide. This is in connection with the crime happened
on July 17, 1992, when the accused steal and carry away personal items of the victims Romualdo Jael and
Lionela Caringal. Moreover, the accused stab both spouses, inflicting upon them fatalwounds, which
directly cuased the death of the two.During the trial, state witness Ariel Dador stated that Osabel asked
him and one Purcino to go to Masinag’s house. Osabel also explained to Dador and Purcino that he and
Masinag planned to rob the spouses. The following day, they went to the victims’ house to execute the
plan.

Masinag denied any participation in the crime; she contends that Dador had no personal knowledge of
the plan, how was it made and if the former has an actual participation.

Issue:WON Masinag participated in the crime and be acquitted of the crime of robbery with
Homicide?Ruling:Basing on the testimony of Dador, it shows that he has no real or personal knowledge
of the plan but his testimonies was only based on what Osabel told him. Hence, statements based on
hearsay do not prove appellant’s participation in the crime.

Moreover, no overt act was established to prove that the appellant really participated in the crime.For
conspiracy transcends mere companionship and it must be proved convincingly as the crime itself.
Nevertheless, it must also be shown that appellant performed an overt act. WHEREFORE, Masinag is
ACQUITTED of the crime of Robbery with Homicide.

You might also like