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  • People VS Agbot

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    Lloyd David P. Vicedo
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    The accused Antonio Agbot demanded that his sister Leona Agbot Subat return his 12-year old daughter Milagrosa, who Leona had been caring for since she was 2. Leona refused to surrender the child. That evening, while Asisclo Subat and Francisco Baucan were relaxing on the porch and Leona was cooking in the kitchen, a gunshot was heard. Francisco called out for his mother Leona, who came out of the kitchen wounded and bleeding from the right breast, and then died. Antonio Agbot was found guilty of killing Leona. While he did not receive proper instruction, as a member of a cultural minority he was entitled to life in prison instead of the death penalty under

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    consti digest

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    425. PEOPLE VS AGBOT

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    The accused Antonio Agbot demanded that his sister Leona Agbot Subat return his 12-year old daughter Milagrosa, who Leona had been caring for since she was 2. Leona refused to surrender the child. That evening, while Asisclo Subat and Francisco Baucan were relaxing on the porch and Leona was cooking in the kitchen, a gunshot was heard. Francisco called out for his mother Leona, who came out of the kitchen wounded and bleeding from the right breast, and then died. Antonio Agbot was found guilty of killing Leona. While he did not receive proper instruction, as a member of a cultural minority he was entitled to life in prison instead of the death penalty under

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    © All Rights Reserved
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    46 views2 pages

    People VS Agbot

    Uploaded by

    Lloyd David P. Vicedo
    The accused Antonio Agbot demanded that his sister Leona Agbot Subat return his 12-year old daughter Milagrosa, who Leona had been caring for since she was 2. Leona refused to surrender the child. That evening, while Asisclo Subat and Francisco Baucan were relaxing on the porch and Leona was cooking in the kitchen, a gunshot was heard. Francisco called out for his mother Leona, who came out of the kitchen wounded and bleeding from the right breast, and then died. Antonio Agbot was found guilty of killing Leona. While he did not receive proper instruction, as a member of a cultural minority he was entitled to life in prison instead of the death penalty under

    Copyright:

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

    425. People vs.

    Agbot, 106 SCRA 325 (1981)

    FACTS:
    At about 4:00 o'clock in the afternoon of October 8, 1972, the accused Antonio
    Agbot went to the house of his sister Leona Agbot, married to Asisclo Subat, in
    sitio Panganudan, barrio Lamiawan, Carraga, Davao Oriental, and demanded
    from her the return of his twelve-year old daughter Milagrosa, who had been
    under the care and custody of Leona Agbot Subat since she was two years old.
    Leona refused to surrender the child to the accused because of her sacrifices and
    expenses in the upbringing and education of Milagrosa. The accused left angrily,
    saying -- "tighten your belt", a phrase which, in the custom of the Mandayantribe
    to which they belong, meant "something bad will be forthcoming to you not long
    from now." (tsn, pp. 45-47, Mar. 26, 1973)
    "At about 7:30 o'clock in the evening of October 8, 1972, while Asisclo Subat and
    Francisco Baucan, step-son of the victim, were relaxing at the porch of their
    house, and Leona Agbot Subat was preparing supper in the kitchen, a gun
    explosion was heard. Asisclo Subat and Francisco Baucan tried to ascertain
    where the gun report came from. Suddenly, Francisco called out -- "Mama,
    mama," directing his call to his step-mother Leona Subat who came rushing from
    the kitchen, wounded and bleeding on the right breast. In a few seconds, the
    latter dropped on the floor and expired. (tsn, pp. 48-50, Mar. 26, 1973)
    ISSUE: WON voluntarily surrendering the weapon with which he committed the
    offense would be but a natural consequence of his having admitted guilt.
    RULING;
    With appellant's confession fulfilling all elements of admissibility, and supported
    as it is by independent evidence of corpus delicti, which is the fact of the crime
    having been committed, together with the finding in appellant's house of the
    weapon that undisputably inflicted the fatal wounds sustained by the deceased,
    it would be futile to argue against the sufficiency of the evidence to prove guilt
    beyond reasonable doubt, as counsel has tried to do, and commendably so, had
    it not been for his manifest misreading of the evidence. Thus, he would aver that
    corpus delicti has not been proven when the fact of death due to foul means has
    been so undeniably established by the lifeless body bearing wounds that
    undisputably caused the death to the victim.
    While lack of instruction may not be appreciated in favor of appellant as argued
    by counsel, the offense of taking one's life being forbidden by natural law and
    therefore within the instinctive knowledge and feeling of an human being not
    deprived of reason, appellant being a member of the cultural minority may be
    considered in his favor, pursuant to Sec. 106 of the Administrative Code of
    Mindanao and Sulu and entitle him, regardless of the attending circumstances, to
    life imprisonment instead of death. It is no legal obstacle to accord to him this
    benefit of the law because he failed to invoke same in the court a quo, for in an
    appeal of a criminal case, same is thrown open for a complete review of all
    errors, by commission or omission, as may be imputable to the trial court.
    WHEREFORE, the judgment of conviction is affirmed, but the death sentence is
    hereby reduced to life imprisonment, taking also into account the length of time
    he had already been in the death row. Cost de oficio. SO ORDERED.

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