Case Digest (G.R. No. 11196)
Facts:
The case involves Erubien Z. Nabayra as the accused-appellant in two criminal informations filed by the Provincial Prosecutor's Office of Aklan concerning the charges of murder and illegal possession of firearm and ammunition. The events transpired on December 14, 1989, in Barangay Pinonoy, Libacao, Aklan. The murder charge stated that Erubien, armed with a bolo, attacked his uncle Remy Nabayra, resulting in severe injuries leading to Remy's death. The physical injuries detailed in the case included multiple stab wounds and incised wounds as per the medico-legal report.
Erubien was apprehended by police officers shortly after the incident, who discovered a handgun (referred to in local parlance as "Paltik") and ammunition in his possession. During the trial, Erubien admitted to killing Remy but claimed it was an act of self-defense, asserting that Remy had threatened him with a gun. The trial court allowed for both cases to be tried jointly. Evidence presente
Case Digest (G.R. No. 11196)
Facts:
- Charges and Information
- Two separate informations were filed by the Provincial Prosecutor’s Office of Aklan against Erubien Z. Nabayra.
- The accused was charged with:
- Murder in Criminal Case No. 2998.
- Illegal Possession of Firearm and Ammunition in Criminal Case No. 2999, under Presidential Decree No. 1866.
- Alleged Commission of the Crimes
- Murder
- The alleged killing occurred on or about December 14, 1989, in Barangay Pinonoy, Municipality of Libacao, Aklan.
- The accused was charged with attacking his victim, Remy Nabayra (his uncle), with a fighting bolo.
- The incident involved multiple wounds:
- Incised wounds (forehead, left forearm, right forearm, occipital region of the head, right elbow, left elbow, and right lumbar region) with varying lengths and depths.
- Stab wounds to the right iliac region (severing the descending colon) and left hypochondriac region (severing part of the liver and transverse colon).
- The injuries, as established by the Medico-Legal Report issued by Dr. Chedy S. Bueno, were fatal and resulted in the death of Remy Nabayra.
- Illegal Possession of Firearm and Ammunition
- The incident occurred on the same morning and location as the murder.
- The accused was found in possession of:
- One homemade handgun (locally known as “paltik” or “pugakang”).
- Two 12 gauge live ammunitions.
- The possession was without the proper license, permit, or lawful authority.
- Testimonies from police officers detailed the apprehension of the accused at the river bank, where:
- His bloodstained clothes and bolo raised suspicion.
- A handbag discovered on him contained the handgun and ammunition.
- The chain of evidence included exhibits evidencing the handgun (Exhibit “C” for Crim. Case No. 2999), its components, and the bag.
- Narrative of the Incident – Prosecution and Accused Versions
- Prosecution’s Narrative
- The accused, armed with a bolo, hacked and inflicted multiple wounds upon his victim.
- The evidence, including the testimony of the government doctor and police officers, established the fatal injuries, corroborating the victim’s death.
- In the course of arrest, the accused’s bloodstained clothes and admission of hacking his victim further supported the prosecution’s account.
- Accused’s Version (Self-Defense Claim)
- The accused admitted to killing his uncle but claimed it was in self-defense.
- According to his account:
- After finishing his farm work, he went to the Aklan River to wash.
- He encountered his uncle who, according to him, drew a gun from a bag, threatened his life with the words “I will shoot you, I will kill you.”
- In reaction, he drew his bolo and attacked, first hitting the uncle on the left temple, then hacking him on the back, and stabbing him when the victim attempted to escape.
- He claimed that having taken the gun from the victim, he was on his way to the municipal hall intending to surrender the firearm.
- The accused’s narrative was contrasted by:
- Testimonies from police officers stating he did not mention his intent to surrender until already apprehended.
- Evidence indicating the excessive nature of the assault which did not align with a claim of mere self-defense.
- Previous Relationship and Background
- There was a noted bad relationship between the accused and his uncle.
- The victim had previously accused the accused of stealing a carabao, suggesting underlying animosity.
- Trial Court’s Findings and Sentencing
- The trial court found the accused guilty beyond reasonable doubt for:
- Murder (under Criminal Case No. 2998).
- Illegal Possession of Firearm and Ammunition (under Criminal Case No. 2999).
- The penalties included:
- Reclusion Perpetua for murder along with a P50,000 death indemnity to the victim’s heirs.
- Imprisonment ranging from 18 years, 8 months, and 1 day to 20 years for illegal possession.
- The trial court’s narrative of events was supported by the testimonies of a government doctor and the arresting police officers.
Issues:
- Self-Defense Claim
- Whether the accused’s claim of self-defense justifies his actions and absolves him from criminal liability.
- Whether the evidence is sufficiently strong to establish the presence of unlawful aggression by the victim at the time of the encounter.
- Qualification of the Crime
- Whether the killing constitutes murder with qualifying circumstances such as treachery and evident premeditation.
- Whether the absence of eyewitnesses and the nature of evidence sufficiently support the qualifications for murder.
- Ownership of the Firearm
- Whether the gun and ammunition found in the accused’s possession belonged to him or were taken from the victim.
- The credibility of conflicting testimonies between the police officers and the accused regarding the surrender of the firearm.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)