Case Digest (G.R. No. 134262)
Case Digest (G.R. No. 134262)
Facts:
People of the Philippines v. Abdulajid Sabdani y Shumarhari, G.R. No. 134262, June 28, 2000, the Supreme Court Third Division, Panganiban, J., writing for the Court.The accused-appellant is Abdulajid Sabdani y Shumarhari, a Police Chief Inspector and Muslim imam; the prosecution is the People of the Philippines, represented by the Office of the Solicitor General. On July 16, 1996 an Information was filed charging appellant with murder for the death of Norodin Ibrahim, alleging that on July 14, 1996 appellant shot the victim with a .45-caliber pistol with evident premeditation and treachery. Appellant was arraigned on October 15, 1996 and pleaded not guilty; he was represented by counsel at trial.
Trial evidence produced conflicting versions. The prosecution presented eyewitness Hairoden M. Abdul, who testified that on the morning of July 14, 1996 he saw appellant emerge from his house with a .45 pistol, walk toward the victim, and shoot him; as the victim tried to flee and stumbled, appellant shot him again while the victim was writhing and unarmed; appellant lingered and pointed his gun at bystanders before surrendering. The defense advanced self-defense: appellant and his wife testified that the victim was standing on a narrow plank in front of appellant’s house, stared menacingly, had his hand near his waistband as if to draw a weapon, and that companions allegedly shouted “Banatan mo na” prompting appellant to fire; police witnesses testified appellant complied when ordered to put down his firearm.
The Regional Trial Court, Branch 103, Quezon City (Judge Jaime N. Salazar Jr., writing), found appellant guilty of murder with the qualifying circumstance of treachery and sentenced him to reclusion perpetua; it ordered civil indemnity of P50,000 and moral damages of P100,000. Appellant appealed to the Supreme Court. The Supreme Court Third Division heard the case and denied relief, affirming the conviction but reducing moral damages to P30,000.
Issues:
- Did appellant establish self-defense as a justifying circumstance under Article 11 of the Revised Penal Code?
- Was the killing attended by treachery so as to qualify the offense as murder?
- Were the trial court’s awards of civil indemnity and moral damages appropriate and in proper amounts?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)