Case Digest (G.R. No. 87018)
Facts:
- The case involves the accused-appellant, Edwin Mabubay, who was charged with murder for the killing of Dioleto Raz.
- The incident occurred on May 9, 1988, in Barangay Bubog, Municipality of Numancia, Province of Aklan, Philippines.
- The accused approached the victim from behind while he was sitting on a stool, grabbed him by the neck, and stabbed him in the left breast with a knife.
- The victim sustained a stab wound that caused his death.
- The accused immediately surrendered to the police authorities after the incident.
Issue:
- (Unlock)
Ruling:
- The court affirmed the decision of the trial court, finding the accused guilty of murder.
- The penalty imposed by the trial court was modified to an indeterminate penalty of imprisonment ranging from twelve (12) ...(Unlock)
Ratio:
- Treachery, as an aggravating circumstance, exists when the offender employs means, methods, or forms in the execution of the crime that directly and specially ensure its execution without risk to the offender arising from any defense the victim might make.
- To constitute treachery, two conditions must be present: (1) the use of means of execution that give the victim no opportunity to defend or retaliate, and (2) the deliberate or conscious adoption of such means.
- In this case, the ...continue reading
Case Digest (G.R. No. 87018)
Facts:
The case of People v. Mabubay involves the accused, Edwin Mabubay, who was found guilty of murder for killing Dioleto Raz. The incident took place on May 9, 1988, in Barangay Bubog, Municipality of Numancia, Province of Aklan. The accused approached the victim from behind, grabbed him by the neck, and stabbed him with a knife. The trial court determined that the attack was surreptitious and ensured the execution of the killing without any risk to the accused.
Issue:
The main issue raised in the case is whether treachery was present in the killing of Dioleto Raz.
Ruling:
The court ruled that treachery was indeed present in the killing.
Ratio:
Treachery exists when the offender commits a crime against a person using means, methods, or forms that directly and specially ensure its execution without any risk to the offender. To constitute treachery, two conditions must be present: (1) the employment of means of execution that gi...