Title
People vs. Obligado y Magdaraog
Case
G.R. No. 171735
Decision Date
Apr 16, 2009
Appellant convicted of murder for sudden, treacherous bolo attack; voluntary surrender denied; damages modified per Supreme Court ruling.

Case Digest (G.R. No. L-32055)
Expanded Legal Reasoning Model

Facts:

  • Incident and Charge
    • On or about March 12, 2000, at approximately 7:45 p.m., in Barangay de la Fe, Buhi, Camarines Sur, appellant Alejo Obligado y Magdaraog was charged with murder in the RTC of Iriga, Branch 35.
    • The Information alleged that the appellant, with intent to kill and employing treachery, attacked and fatally slashed the neck of Felix Oliveros y RaAada, who was unprepared and defenseless.
    • The killing was committed with a bolo, which the appellant allegedly drew from beneath his shirt after first seizing the victim's hair.
  • Testimonies and Evidentiary Accounts
    • Eyewitness Testimony by Roberto Bagaporo
      • Bagaporo, the victim’s cousin and an eye-witness, testified that during a drinking session at his residence, the victim called out “Pinsan!” and turned, upon which he saw the appellant standing behind the victim.
      • The witness recounted that the appellant grasped the victim’s hair, produced a bolo, and slashed the victim’s neck before pushing him down and walking away.
    • Police Testimonies
      • SPO4 Jimmy Jose testified that after receiving a report of a hacking incident, officers arrived at the scene and found the victim lying face-down near Bagaporo’s house.
      • SPO4 David Sarto testified regarding the circumstances under which the appellant was intercepted while traversing the footpath leading to his residence, ultimately surrendering along with the bolo.
    • Medical Evidence
      • Dr. Breandovin Saez, the municipal health officer, performed a postmortem examination which revealed two incised wounds; notably, a deep wound on the neck that severed the carotid artery, causing fatal hemorrhage.
      • Based on the wound characteristics, it was opined that the fatal injury was intentionally inflicted from behind using a small bolo.
    • Victim Family Evidence
      • The victim’s widow, Gloria Oliveros, testified regarding the deceased’s monthly earnings (approximately P5,000) and submitted receipts and an itemized expense list related to the funeral arrangements.
  • Defense’s Version of Events
    • Appellant’s Assertion of Accidental Killing
      • The appellant claimed that the incident occurred accidentally during a drinking session when the victim, after confiding about a problem, unexpectedly drew his bolo.
      • He alleged that, in an effort to wrest the bolo from the victim, a struggle ensued resulting in the fatal neck wound.
    • Corroboration by Apolinario Manaog
      • Manaog testified that it was the victim who initiated the physical altercation by wielding his bolo, asserting that both parties engaged in a struggle for the weapon.
    • Surrender Circumstances
      • The defense maintained that the appellant exhibited a desire to surrender; however, evidence showed that he was intercepted on a lone footpath with no means of evading arrest, challenging the voluntariness of his surrender.
  • Trial Court and Appellate Proceedings
    • Regional Trial Court (RTC) Findings
      • The RTC found that the killing was intentional, accentuated by the treacherous manner in which the appellant attacked from behind, leaving the victim no opportunity for defense.
      • Appellant was convicted of murder and sentenced to reclusion perpetua, alongside orders to pay civil indemnity and various damages to the victim’s heirs.
    • Court of Appeals (CA) Review
      • The CA affirmed the appellant’s guilt but modified the civil liabilities by considering, though ultimately rejecting, the mitigating circumstance of voluntary surrender.
      • Adjustments were made in the award of damages, resulting in specific monetary awards for civil indemnity, temperate, moral, and exemplary damages.

Issues:

  • Determination of Intent
    • Whether the evidence sufficiently established that the killing was intentional, as evidenced by the victim being attacked from behind using a bolo.
    • Whether the treacherous manner of the attack deprived the victim of any opportunity to defend himself.
  • Evaluation of the Defense’s Accidental Killing Claim
    • Whether the appellant’s assertion that the death occurred accidentally during a struggle is credible in light of the evidence.
    • Whether the testimonies supporting the defense’s narrative effectively counter the eyewitness and forensic findings.
  • Application of Mitigating Circumstance – Voluntary Surrender
    • Whether the circumstances surrounding the appellant’s surrender met the necessary elements to qualify as “voluntary surrender.”
      • Specifically, if the surrender was made before any actual arrest.
      • If the surrender was spontaneous and truly voluntary.
    • Whether the location and circumstances of the surrender (interception on a solitary footpath) negate the possibility of it being considered voluntary.
  • Award of Damages
    • Whether the trials properly determined which damages were awardable based on documentary evidence.
    • Whether the victim’s status (not self-employed or daily wage earning below the minimum wage) supported the exclusion of indemnity for loss of earning capacity.
    • How the receipts provided (funeral parlor costs) influenced the decision to award temperate damages in lieu of actual damages.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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