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People vs. Matimay Watamama aka Akmad Salipada, Teng Midtimbang
GR No. 188710
June 2, 2014
Facts:
On October 26, 1998, Francisco Arobo Jr, Calim, and five other farmers were at the farm of
Samad. They were ploughing the unplanted area, while Samad was tending his corn plants. Arobo heard
gunfires nearby. He looked to the rear and saw the accused-appellants firing garand fires. Because of the
continuing gunfires, Arobo and the rest of their group take cover for their protection, while Samad ran
towards the nipa hut at the other side of the farm where his children were staying.
After the medical examination, it showed that Calim sustained multiple gunshot wounds in the
head, chestm right and left thighs, and right elbow.
RTC found appellant beyond reasonable doubt of the crime murder. Appellant filed an appeal
before the CA. the CA affirmed the decision of the RTC convicting the accused for the crime of murder in
view of the presence of treachery.
Issue:
Whether or not the appellant is guilty beyond reasonable doubt of homicide, rather than murder, as
the prosecution failed to sufficiently establish treachery
Ruling:
Yes, the appellant is guilty beyond reasonable doubt of homicide, and not murder.
For the charge of murder to prosper, the prosecution must prove the following: first, the offender
killed the victim; and the killing was done through treachery.
There is treachery when the offender commits any crimes against persons by employing means,
methods or forms that tend directly and especially to ensure its execution without risk to the offender arising
from the defense that the offended party might make. For treachery to be considered, it must present and
seen by the witness right at the inception of the attack.
In this case, Calim was unable to parry the attack, as he was caught unaware. Both Arobo and
Samad admitted that they did not see how the attacked commenced, and that it was the initial gunfire that
caught their attention. Thus, it cannot be said with certainty that the victim was engrossed in his farm work
when he was initially attacked. Neither can we conclusively say that there was no chance or opportunity for
Calim to defend himself from aggression.

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People vs. Matimay Watamama aka Akmad Salipada, Teng Midtimbang GR No. 188710 June 2, 2014 Facts: On October 26, 1998, Francisco Arobo Jr, Calim, and five other farmers were at the farm of Samad. They were ploughing the unplanted area, while Samad was tending his corn plants. Arobo heard gunfires ne ...
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