Access over 35 million academic & study documents

People vs sumaoy digest

Content type
User Generated
Rating
Showing Page:
1/1
People vs. Sumaoy
G.R.105961
October 22, 1996
Facts:
Accused-appellant was convicted for the killing on July 9, 1988 of Zandro Vargas, 16 years of age.
Four witnesses where presented by the prosecution: Wilbert Vargas, the deceased brother, Patricio
Jacobe, Jr Enriqueta Vargas and Dr. Jose Vargas.
In the version of the facts of Patricio Jacobe, Jr , he states that, when he was at the billiard hall, he
heard several gunshots. When he turned to find out where the sound came from, he saw the deceased
Zandro, running with his right arm bleeding. However, the deceased was overtaken by Sumaoy and
dragged him towards a waiting tricycle. Later that evening, Jacobe learned that Zandro was found dead in a
field.
On June 6, 1991, the RTC of Tagum, Davao, rendered its decision finding Sumaoy guilty of murder
qualified by treachery.
Issue:
Whether or not the RTC erred in convicting Sumaoy with the crime of murder qualified by treachery
Ruling:
Yes, the RTC erred in convicting the accused-appellant with the crime of murder.
While the evidence in this case sufficiently establishes the guilt of the accused-appellant for the
killing of Zandro, the court thinks that he cannot be held liable for murder because of the absence of
evidence as to the manner of the actual killing. Where no particulars are known as to the manner in which
the aggression was made or how the act which resulted the death of the victim began and developed, it
cannot be established from mere suppositions that the accused perpetrated the killing with treachery.
Based from the testimony of Jacobe, Jr, the deceased was trying to flee from the accused-
appellant when the latter shot him, thus indicating that the victim had been forewarned of a greater injury
against him. The assault on the victim cannot be said to have been made in a sudden or unexpected
manner so as to justify a finding of treachery.

Sign up to view the full document!

lock_open Sign Up
Unformatted Attachment Preview
People vs. Sumaoy G.R.105961 October 22, 1996 Facts: Accused-appellant was convicted for the killing on July 9, 1988 of Zandro Vargas, 16 years of age. Four witnesses where presented by the prosecution: Wilbert Vargas, the deceased brother, Patricio Jacobe, Jr Enriqueta Vargas and Dr. Jose Vargas. I ...
Purchase document to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Anonymous
Great content here. Definitely a returning customer.

Studypool
4.7
Indeed
4.5
Sitejabber
4.4