People vs Annibong

GR 139879 May 8, 2003

FACTS: February 13, 1998 at 2PM, Cpl Fidel Obngayan coming from outside the camp went to the kitchen to get a
drink and got mad to find the water containers empty. He confronted the Kicthen aide, Gabriel Annibong and gave
him a jab in the stomach then slowly walked away towards his bunker. Obngayan now on his back, infuriated
Annibong picked up his M-14 and rifle without warning fired at the victim. Unsatisfied, he fired another gunshots
shortly after causing his instantaneous death. Annibong surrendered to authorities 2 days after the shooting
incident. Case filed and the trial decision finds him guilty of murder with treachery, evident premeditation and
with the special aggravating circumstance of with insult or in disregard of the respect of rank due to the offended
party, thus, the penalty is death.

ISSUES:

1. Whether or not the accused acted in self defense?

2. Whether or not there was treachery, evident premeditation of the murder, insult/ disregard in rank as an
aggravating/ qualifying circumstances in the case?

3. Whether or not his surrender to authorities two days after the shooting are mitigating circumstances?

4. Whether or not death is an appropriate penalty?

HELD:

1. NO. His claim of the victim’s unlawful aggression did not amount to actual/ imminent threat to kill the
victim. Granting that the initial act of aggression came from the victim and he’s already walking away, the
time appellant shot him incessantly, it was no longer necessary for appellant to shoot Obngayan in order
to protect himself.

2. Treachery, yes. The element of treachery attended the slaying of Obngayan because the means of
execution employed gave the person attacked no opportunity to defend himself or to retaliate, and the
means of execution were deliberately or consciously adopted. It qualified murder. Premeditation, no.
There is no clear proof as to when the accused hatched the murderous plan, and the interval of time
therefrom to its commission. Disregard of rank, no. This fact was not alleged in the information.

3. Yes. There is no dispute that appellant voluntarily surrendered to the governor, a person in authority,
then to the police, before he was arrested.

4. NO. When the commission of the act is attended by one mitigating and there is no aggravating
circumstance, the lesser penalty shall be imposed. Considering that the crime was not attended by the
alleged circumstance of evident premeditation, the undisputed presence of the mitigating circumstance
of voluntary surrender entitles appellant to the imposition of the minimum penalty for murder. Thus, the
proper imposable penalty is reclusion perpetua, being the lesser penalty.