Case Digest (A.M. No. P-08-2576) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Francisco Abarca (G.R. No. 74433, September 14, 1987), the Regional Trial Court of Palo, Leyte found Francisco Abarca guilty of the complex crime of murder with double frustrated murder for shooting Khingsley Paul Koh on July 15, 1984 in Tacloban City. The information alleged that Abarca, having discovered his wife Jenny in illicit intercourse with Koh at their V&G Subdivision residence, procured an unlicensed M-16 rifle from a PC soldier and returned later to a mahjong session where he fired three shots at Koh, who died instantly, and wounded Arnold and Lina Amparado, who were in an adjacent room. Koh’s death was attributed to multiple gunshot wounds, while the Amparados required hospitalization and surgery to remove bullets. Arnold lost one and a half months of work and incurred P15,000 in medical expenses; Lina spent P1,000. The lower court, considering evident premeditation, treachery, and the complex crime charged, sentenced Abarca to death a Case Digest (A.M. No. P-08-2576) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Charge
- The People of the Philippines (“Plaintiff‐Appellee”) vs. Francisco Abarca (“Accused‐Appellant”), G.R. No. 74433, decided September 14, 1987 by the Second Division of the Supreme Court.
- Accused charged by amended information with the complex crime of murder (with deliberate intent, premeditation, treachery) and double frustrated murder, allegedly committed on July 15, 1984 in Tacloban City, Leyte, using an unlicensed M-16 rifle.
- Background Circumstances
- The accused’s wife, Jenny, had an illicit relationship with one Khingsley Paul Koh while the accused was in Manila.
- On the evening of July 15, 1984, at around 6:00 p.m., the accused discovered Jenny and Koh in the act of sexual intercourse in their home in V & G Subdivision, Tacloban City.
- Commission of the Offense
- The accused procured an M-16 rifle from PC soldier Arturo Talbo at about 6:30 p.m., then went to the mahjong session where Koh was playing.
- He fired three (3) shots at Koh, inflicting multiple gunshot wounds that caused instantaneous death.
- Stray bullets wounded bystanders Lina and Arnold Amparado; timely medical aid prevented their deaths.
- Evidence on Collateral Injuries
- Arnold Amparado underwent kidney operation and was incapacitated for 1½ months; medical expenses amounted to ₱15,000.
- Lina Amparado suffered bullet fragment wounds, confined approximately 10–14 days; expenses ₱1,000.
- Trial Court Proceedings and Disposition
- RTC of Palo, Leyte found the accused guilty beyond reasonable doubt of murder with double frustrated murder, sentencing him to death and ordering indemnities:
- ₱30,000 to the heirs of Koh
- ₱20,000 to spouses Arnold and Lina Amparado
- Trial court recognized the accused’s emotional disturbance due to the wife’s infidelity and recommended executive clemency.
Issues:
- Whether the RTC erred in convicting the accused of murder with treachery instead of applying Article 247 of the Revised Penal Code (death or physical injuries inflicted under exceptional circumstances).
- Whether the qualifying circumstance of treachery attended the killing.
- What is the accused’s liability for the injuries sustained by Lina and Arnold Amparado.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)