Title
People vs. Ablao
Case
G.R. No. 69184
Decision Date
Mar 26, 1990
Mario Ablao shot Andres Manambit, Sr., during a Sangguniang Bayan session in 1977. Convicted of homicide, not murder, due to lack of treachery evidence, he received 10-20 years and P30,000 indemnity.

Case Summary (G.R. No. 69184)

Case Background

Mario Ablao was accused of murdering Andres Manambit, Sr., during a session of the Sangguniang Bayan in Lumban on December 16, 1977. The Regional Trial Court of Laguna found Ablao guilty and imposed the death penalty, attributing aggravating circumstances to the crime due to the victim's rank as Barangay Captain.

Prosecution's Evidence

The prosecution presented Lt. Domingo Gapas, who testified to witnessing Ablao shoot Manambit. Other witnesses corroborated the event, stating that they saw Ablao with a firearm immediately after the shooting. The victim sustained multiple gunshot wounds, as outlined in Dr. Maximo Reyes’s autopsy report, which established the cause of death as a gunshot wound to the head. Circumstantial evidence indicated that Ablao fled the scene and was in possession of a firearm similar to the one used in the murder.

Defense's Argument

Ablao's defense revolved around his assertion that he did not shoot the victim and claimed the gun he carried was handed to him by his brother, Mayor Bruno Ablao. He described his subsequent flight as an act of fear and confusion following the incident. The defense sought to undermine the prosecution's claims by arguing lack of motive and clear evidence linking Ablao to the murder.

Court's Findings

The appellate court upheld the trial court’s initial ruling of murder based on the considerable circumstantial evidence implicating Ablao. However, it determined that the specific qualifying circumstances of treachery and evident premeditation, as alleged in the information, were insufficiently substantiated. The court also acknowledged the absence of evidence establishing that the firearm used was unlicensed.

Aggravating and Mitigating Circumstances

The appellate court confirmed the aggravating circumstance of disregard of rank, as Ablao shot a recognized public official during an official session. However, it found no basis for the qualifying circumstances of treachery and evident premeditation, ultimately downgrading Ablao's conviction from murder to homicide.

Final Ruling

The court modified the original judgment, declaring Mario Ablao guilty

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