PHILIPPINE SUPREME COURT JURISPRUDENCE

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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. OLIMPIO RIZAL, Accused-Appellant.

PER CURIAM:

The accused, Olimpio Rizal, stands convicted of murder in Criminal Case No. IV-374 and two frustrated murders in Criminal Cases Nos. IV-376 and IV-377 which were tried jointly be, the Court of First Instance of Lanao del Norte. The dispositive portion of the decision in these three cases which the court referred to as "the first major incident which triggered the troubles of the province of Lanao del Norte and caused the mass evacuation of the residents of Kapatagan Valley," reads as follows:

WHEREFORE this Court finds the accused Olimpio Rizal GUILTY as principal and beyond reasonable doubt in Criminal Case No. IV-374 of the crime of murder under Article 248 of the Revised Penal Code with the attending aggravating and qualifying circumstances of treachery and evident premeditation and the ordinary aggravating circumstances of contempt of or with insult to the public authorities, employment of craft and disguise, and commission of the crime by a band, and no attending mitigating circumstance and hereby sentences him to suffer the supreme penalty of death .chanrobles virtual law library

In Criminal Case Nos. Nos. IV-376 and IV-377, the accused Olimpio Rizal is likewise found guilty, as principal and beyond reasonable doubt of the crime of Frustrated Murder under Article 248 in relation with Article 248 of the Revised Penalty Code with the same attending qualifying and aggravating circumstances and no mitigating circumstance and he is sentenced in each case to suffer an indeterminate penalty consisting of imprisonment of TEN (10) YEARS OF prision mayor or as minimum to SEVENTEEN (17) PEARS and FOUR (4) months of reclusion temporal as maximum.chanrobles virtual law library

Further, the accused is sentenced to indemnify the heirs of the late Mayor Pablito Abragan represented by his widow, Mrs. Perla Vda de Abragan, in the amount of P12,000.00 for actual or compensatory, damages, P.50,000.00 for moral damages and P20,000.00 in the form of examples damages. He is also sentenced to indemnify Elpidio Zosa in the amount of P8,000.00 for actual or compensatory damages. P20,000.00 for moral damages and P5,000.00 for exemplary damages. Also he is sentenced to indemnify Margarito Pongasi in the amount of P1,000.00 for actual or compensatory damages, P2,000.00 for moral damages and P500.00 for examples damages. He is sentenced to pay the costs of proceedings in all three cases.

Criminal Case No. IV-374 was elevated to this Court on automatic review while Criminal Case Nos. IV-376 and IV-377 are appealed by the counsel de oficio of the accused. The informations dated October 13 and 15, 1973 charged the accused Olimpio Rizal in:

That on or about the 14th day of July, 197 1, in the Poblacion of Kapatagan, Municipality of Kapatagan, Province of Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring together, confederating and mutually helping with Erning Doe, John Doe, Richard Doe and William Doe who are still at large, who were all armed with shotgun, carbine, and hand grenade and with intent to kill, did then and there willfully, unlawfully and feloniously attacked, shot and fired thereof one Pablito Abragan, Municipal Mayor of Kapatagan, Lanao del Norte, together with his companions while they were near the Municipal Market of the said municipality, inflicting upon him mortal gunshot wounds in the different parts of his body and as a direct result thereof. said Mayor Pablito Abragan died thereinafter.chanrobles virtual law library

The said accused be adjudged to indemnify the heirs of the deceased the sum of P12,000.00 and to pay them the sum of P100.000.00 representing moral and exemplary damages for their mental anguish.chanrobles virtual law library

Contrary to and in violation of Article 248 of the Revised Penal Code with aggravating circumstances of treachery, evident premeditation, craft and/or disguise, superior strength and that the crime was committed with insult to the public authorities or in disregard of the respect due the offended party being the incumbent Municipal Mayor of the said place and while he was engaged in the discharge of his public duties.

			FEATURED DECISIONScralaw

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