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People vs matibag digest

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People vs. Matibag Y De aka Dani/Danilo
GR No. 206381
March 25, 2015
Facts:
Enrico Clar de Jesus Duhan, who just came from a meeting with the other officers of the
homeowners’ association of Twin Villa Subdivision, was walking along Iron Street in Brgy. Kumintang Ibaba,
Batangas City, Matibag confronted him. Matibag then pulled out his gun and shot Duhan, whose face hits
the pavement.
The RTC in its decision convicted Matibag with the crime of Murder. The RTC appreciated the
existence of the qualifying circumstance of treachery since the attack was sudden, unprovoked, and without
any warning on the victim who was unarmed and in a defenseless position. The CA agreed with the RTC’s
findings.
Issue:
Whether or not the RTC erred in appreciating the existence of the qualifying circumstance of
treachery
Ruling:
No, the RTC is correct when it appreciates the existence of the qualifying circumstance of treachery.
Under Article 14 of the RPC, there is treachery when the offender commits any of the crimes against
the person, employing means, methods, or forms in the execution thereof which tend directly and specially
to ensure its execution, without risk to himself arising from the defense which the offended party might make.
In this case, the prosecution was able to prove that Matibag confronted Duhan punched and shot
him on the chest. The attack was sudden and unexpected that Duhan has no chance to defend himself.
Matibag was ready and destined to effect such dastardly act, considering that he had an axe to grind
when he confronted Duhan, coupled with the fact that he did so, armed with a loaded handgun.

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People vs. Matibag Y De aka Dani/Danilo GR No. 206381 March 25, 2015 Facts: Enrico Clar de Jesus Duhan, who just came from a meeting with the other officers of the homeowners’ association of Twin Villa Subdivision, was walking along Iron Street in Brgy. Kumintang Ibaba, Batangas City, Matibag conf ...
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