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    PP Vs ABALOS GR 88189 Digest

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    Camella Agatep
    The Supreme Court upheld the conviction of Tiburcio Abalos for the complex crime of direct assault with murder. [1] Abalos struck a police officer, Pfc. Sofronio Labine, in the head with a wooden object from behind during a public disturbance, causing his death. [2] The court found that Abalos assaulted an agent of authority, Labine, who was performing his official duties to maintain peace and order at a local fiesta. [3] When an assault results in the death of an agent of authority, it constitutes the complex crime of direct assault with murder.

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    PP Vs ABALOS GR 88189 Digest

    Uploaded by

    Camella Agatep
    328 views2 pages
    The Supreme Court upheld the conviction of Tiburcio Abalos for the complex crime of direct assault with murder. [1] Abalos struck a police officer, Pfc. Sofronio Labine, in the head with a wooden object from behind during a public disturbance, causing his death. [2] The court found that Abalos assaulted an agent of authority, Labine, who was performing his official duties to maintain peace and order at a local fiesta. [3] When an assault results in the death of an agent of authority, it constitutes the complex crime of direct assault with murder.

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    The Supreme Court upheld the conviction of Tiburcio Abalos for the complex crime of direct assault with murder. [1] Abalos struck a police officer, Pfc. Sofronio Labine, in the head with a wooden object from behind during a public disturbance, causing his death. [2] The court found that Abalos assaulted an agent of authority, Labine, who was performing his official duties to maintain peace and order at a local fiesta. [3] When an assault results in the death of an agent of authority, it constitutes the complex crime of direct assault with murder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    328 views2 pages

    PP Vs ABALOS GR 88189 Digest

    Uploaded by

    Camella Agatep
    The Supreme Court upheld the conviction of Tiburcio Abalos for the complex crime of direct assault with murder. [1] Abalos struck a police officer, Pfc. Sofronio Labine, in the head with a wooden object from behind during a public disturbance, causing his death. [2] The court found that Abalos assaulted an agent of authority, Labine, who was performing his official duties to maintain peace and order at a local fiesta. [3] When an assault results in the death of an agent of authority, it constitutes the complex crime of direct assault with murder.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PP vs ABALOS

    GR No. 88189 July 9, 1996

    Facts:
    On that night, while accused Tiburcio Abalos and his father, Major Cecilio Abalos were
    having a heated argument, a women shouted for help. Pfc. Sofronio Labine appeared in the scene
    to appease them. The victim saluted Abalos when the latter turned around to face him. As
    Major Abalos leveled his carbine at Labine, Tuburcio Abalos hurriedly 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 swiftly returned and unceremoniously swung with that wooden piece at Labine
    from behind, hitting the policeman at the back of the right side of his head. Labine collapsed
    unconscious in a heap, and he later expired from the severe skull fracture he sustained from that
    blow. The Regional Trial Court, Branch 27, of Catbalogan, Samar pronounced the appelant
    guilty of the complex crime of direct assault with murder.

    Issue:
    Whether or not the court erred in convicting the crime of direct assault with murder.

    Ruling:
    No. On the offense committed by appellant, the trial court correctly concluded that he
    should be held accountable for the complex crime of direct assault with murder. Under Art. 148
    of the Revised Penal Code, there are two ways of committing direct assaults. First, without
    public uprising, by employing force or intimidation for the attainment of any of the purposes
    enumerated in defining the crimes of rebellion and sedition. Second, without public uprising, by
    attacking, by employing force, or by seriously intimidating or seriously resisting any person in
    authority or any of his agents, while engaged in the performance of official duties, or on the
    occasion of such performance.

    The appellant committed the second form of assault, the elements of which are that there
    must be an attack, use of force, or serious intimidation or resistance upon a person in authority or
    his agent; the assault was made when the said person was performing his duties or on the
    occasion of such performance; and the accused knew that the victim is a person in authority or
    his agent, that is, that the accused must have the intention to offend, injure or assault the
    offended party as a person in authority or an agent of a person in authority.

    In the case, Labine was a duly appointed member of the then INP in Catbalogan, Samar
    and, thus, was an agent of a person in authority pursuant to Article 152 of the Revised Penal
    Code, as amended. There is also no dispute that he was in the actual performance of his duties
    when assaulted by appellant, that is, he was maintaining peace and order during the fiesta in
    Barangay Canlapwas. Appellant himself testified that he personally knew Labine to be a
    policeman  and, in fact, Labine was then wearing his 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 murder or homicide. 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 murder or homicide. The killing constituted the felony
    of murder qualified by alevosia through treacherous means since Pfc. Labine was struck from
    behind while he was being confronted at the same time by appellant's 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 that purpose.

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