20. People Vs. Abalos.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Abalos ( G.R. No. 88189)

Facts: The plaintiff- appellee is the People of the Philippines. The accused-appellant is Tiburcio Abalos. In the case at bar, on March 20, 1983, the accused Abalos with deliberate intent to kill, with treachery and evident premeditation and knowing fully well that one Pfc. Sofronio Labine was an agent of a person in authority being a member of the National Police, feloniously kill the latter by hitting him in the head using a piece of wood. At that time of the incident, Pfc. Labine was engaged in the performance of his official duty, in maintaining the peace and order during the barangay fiesta of Canlapwas. According to the accused, he was just merely protecting his father. He said that Pfc. Labine had attacked and attempted to divest his father of his firearm, thus leaving him hitting the said accused to death. The trial court however found such statements by the accused as incredible. Thus, the Regional Trial Court of Catbalogan, Samar found him guilty of the complex crime of Direct Assault with Murder.

Issue: Is the accused guilty of Direct Assault with Murder.

Held: The Supreme Court agreed that the contention of the herein accused Abalos is incredible. It is a lousy argument that what he thought he hit was a member of the NPA, because even at night, the person could be still identified that such person is a policeman. The Supreme Court believes that the crime committed is the second mode of Direct Assault. Since at the time the victim was assaulted, he was engaged in the performance of his official duties as a policeman in Samar.s