(DIRECT ASSAULT)
The victim saluted Abalos when the latter
Nature of the Case:
Petition for Review (Appeal )
People of the Philippines Plaintiff Appellee
Vs.
Tiburcio Abalos Accused-appellant
G. R. No. 88189
July 9, 1996
REGALADO, J:
BRIEF:
In this case accused-appellant Tiburcio Abalos seeks
absolution from the judgment of conviction rendered by the
Regional Trial Court (RTC) Branch 27, of Catbalogan, Samar
which pronounced him guilty of the complex crime of direct
assault with murder iin Criminal case No. 2302.
FACTS:
The Incident transpired during the barangay fiesta near the
house of appellant at the said barangay. On that night
while accused Tiburcio Abalos and his father, Police Major
Cecilio Abalos, were having heated argument a woman
shouted for help. The victim Police Officer Sofronio Labine
then appeared at the scene and asks Major Abalos about
what happen.
turned around to face him. As Major Abalos leveled his
carbine ar Labine, accused harriedly left and procured a
piece of wood, about two inches thick, three inches wide,
and three feet long from a nearby ford Fiera Vehicle. He
then swiftlt returned and unceremoniously swung with that
wooded piece at Labine from behind, hitting the policeman
at the back of the right side of his head. Labine collapsed
unconciously in a heap and he later expired from the
severe skull fracture he sustained from the blow. The trial
court found the accused guilty beyond reasonable doubt of
the complex crime of Direct Assault with Murder.
Issue:
Whether or not the trial court erred in finding appellant
guilty beyond reasonable doubt of the complex crime of
direct assault with murder.
Held:
No.
There are two modes of committing atendados contra la
autoridad o sus agentes under art. 148 of the RPC. The
first is not true atendado as it is tantamount to rebellion or
sedition, except that there is no public uprising. On the
other hand, the second mode is the more common way of
committing assault and is aggravated when there is a
weapon employed in the attack or the offender is a public
officer , or the offender lays hand upon a person in
authority .
Appellant committed the second form of assault, the
elements of which are that there must be an attack, use of
force, or serious intimadation or resistance upon a person
in authority or his Agent., that is, that the accused has the
attention to offend, injure or assault the offended party as
a person in authority or an agent of a person in authority.
Labine is a Police officer in Catbalogan Samar, an thus was
an agent of a person in authority pursuant to article 152 of
the RPC. There is no dispute that he was in the actual
performance of his duties when he was assaulted by the
appellant that is he was maintaining the peace and order
during the fiesta in Barangay Canlapwas. Appellant Himself
testified that he personally knew that Labine as a
policeman, and in Fact Labine was then wearing his police
uniform. These facts should have sufficiently deterred
appellant from attacking him, and his defiant conduct
clearly demonstrates that he really had the criminal intent
to assault and injure an agent of the Law.
When the assault results in the killing of that agent or of a
person in authority for that matter, there arises the
complex crime of direct assault with homicide or murder.
The killing in the instant case constituted the felony of
murder qualified by alevosia throught treacherous means
deliberately adopted by the vistim struck from behind while
he was confronted at the same time by appellants father.
The evidence shows that appellant deliberately went
behind the victim whom he then hit with a piece of wood
which he deliberately got for the purpose.