11. People Vs Lovedioro.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Lovedioro (G.R. No. 112235)

Facts: The plaintiff-appellee is the People of the Philippines. The defendant-appellant is Elias Lovedioro y Castro. In the case at bar, on July 27, 1992, more or less around 5:30 pm at Albay, the accused together with Longasa abd three others, armed with firearms, fire and shoot at SP03 Lucilo, a member of Daraga police station. Lucilo then died due to the shooting. The accused Lovedioro was then held guilty beyond reasonable doubt of the crime of murder. On appeal, Lovedioro said that he should have been charged of rebellion and not murder since he was identified by the police informant as a member of NPA. Arguing that the killing was a means to or in furtherance of subversive ends. The Solicitor General said that it is rebellion only if it was conclusively proven by the accused that his motive or intent is for political ends.

Issue: Is the appellant liable for rebellion and not murder.

Held: The Supreme Court agrees to the Solicitor General that the common crime of murder is absorbed only if the crime is of political character. The burden is on the part of the accused to prove in the court that the killing of a person is in furtherance of rebellion.