Case Summary (G.R. No. 139879)
Relevant Facts and Background
On the stated date and time, Obngayan arrived at the military camp visibly irritated due to insufficient drinking water, leading to a confrontation with Annibong. Following a physical altercation where Obngayan punched Annibong several times, Obngayan retrieved his rifle, prompting Annibong to shoot him multiple times, resulting in the victim’s death. Witness testimonies presented during the trial included accounts from Artemio Tallong, a fellow military member who corroborated Annibong’s narrative but was also used against him as a prosecution witness.
Proceedings and Legal Findings
After Annibong was arraigned, he pleaded not guilty, claiming self-defense. The trial court reversed its order and allowed the defense to present its evidence first. The testimonies provided included graphic details about the confrontation and were supported by autopsy findings from Dr. Dan Redel Edroso, who confirmed that Obngayan was shot multiple times, with several wounds being fatal.
Trial Court's Decision
On June 15, 1999, the trial court convicted Annibong of murder, citing treachery as a qualifying circumstance. The court imposed the death penalty and also ordered Annibong to indemnify Obngayan’s heirs various amounts for civil damages. The decision prompted an automatic review by the higher court.
Issues Raised on Appeal
Annibong raised several arguments on appeal, including claims that the trial court erred in denying his self-defense claim and in its findings regarding unlawful aggression by the victim, treachery, and the credibility of witness Artemio Tallong. He also disputed the aggravating circumstance of disregard for rank.
Analysis of Self-Defense Claim
The appellate court analyzed the self-defense claim, noting that the elements required to prove this defense were not satisfied. While the initial aggression from Obngayan was acknowledged, the court determined it did not constitute an ongoing threat to Annibong’s life at the time of the shooting. Since Obngayan was retreating and unarmed, the use of deadly force by Annibong was deemed unwarranted and indicative of a desire to kill rather than to defend himself.
Findings on Treachery
Treachery was established due to the unpreparedness of Obngayan during the attack, which left him vulnerable. The court found this aspect significant in qualifying the crime as murder rather than homicide, reinforced by the deliberate and unexpected nature of the attack carried out by Annibong.
Mitigating and Aggravating Circumstances
The appellate court recognized a mitigating circumstance of voluntary surrender by Annibong when he reported to authorities two days after the crime, which was taken into account. However, it determined that the trial court erroneously considered the aggravating circumstance of insubordination due to rank, as this wa
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Case Overview
- This case involves the automatic review of a decision rendered by the Regional Trial Court of Apayao, Branch 26, in Criminal Case No. 9-98.
- The appellant, Gabriel Annibong, was convicted of murder and sentenced to death for killing Cpl. Fidel Obngayan on February 13, 1998.
- The prosecution's information indicated that the accused shot the victim with intent to kill, employing treachery and evident premeditation.
Background of the Incident
- The incident occurred at around 2:00 PM in Barangay DoAAa Loreta, Pudtol, Apayao.
- Appellant admitted to killing the victim but claimed it was in self-defense after being assaulted by Obngayan.
- Testimony from eyewitness Artemio Tallong, a member of the CAFGU, was crucial in establishing the circumstances leading to the incident.
Testimonies and Evidence Presented
- Appellant's testimony described a confrontation where Obngayan physically assaulted him, prompting Annibong to retaliate.
- Tallong corroborated the appellant's account but also highlighted the victim's aggression and subsequent retreat.
- Multiple prosecution witnesses, including medical and military personnel, provided evidence of the victim's injuries and the circumstances surrounding the shooting.
Findings of the Trial Court
- The trial court foun