People v. Matibag DIGEST
People v. Matibag DIGEST
Facts:
Matibag was charged with the crime of Murder and entered a plea of not guilty
during his arraignment. The prosecution asserted that Enrico Clar de Jesus Duhan, who
just came from a meeting with the other officers of the homeowners' association, was
walking along Iron Street when Matibag confronted Duhan, and asked, "ano bang
pinagsasasabi mo?" Duhan replied "wala," and without warning, Matibag delivered a fist
blow hitting Duhan on the left cheek and causing him to teeter backwards. Matibag then
pulled out his gun and shot Duhan, who fell face-first on the pavement. While Duhan
remained in that position, Matibag shot him several more times. PO2 Tom Falejo, a
member of the PNP, positively identified Matibag and stated on record that he arrested
the latter. The victim suffered gunshot wounds in the head and chest which led to his
death.
In his defense, Matibag alleged that he was at the despedida party of his neighbor
when Duhan arrived. Wanting to settle a previous misunderstanding, Matibag approached
Duhan and extended his hand as a gesture of reconciliation. However, Duhan pushed it
away and said, "putang ina mo, ang yabang mo," thereby provoking Matibag to punch
him in the face. Matibag saw Duhan pull something from his waist and fearing that it was
a gun and Duhan was about to retaliate, Matibag immediately drew his own gun, shot
Duhan, and hurriedly left the place.
The CA agreed with the RTC's findings that: (a) treachery attended the killing of
Duhan as the attack on him was sudden; and (b) an unlicensed firearm was used in
committing the crime, which is considered as a special aggravating circumstance.
Issue:
Whether the CA correctly upheld the conviction of Matibag for Murder
Ruling:
The appeal is bereft of merit. There is no indication that the trial court, whose
findings the CA affirmed, overlooked, misunderstood or misapplied the surrounding facts
and circumstances of the case. Hence, the Court defers to the trial court on this score.
Matibag is charged with the crime of Murder.