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008. Miquibas v. Commanding
1
of 2
People vs Belonio 429 scra
US vs Vicentillo. Art 12.
Search document
PEOPLE V. PATROLMAN DOMINGO BELBES
Sheet Music
Case Digest
FACTS (SUMMARIZED VERSION):
Patrolman Domingo Belbes was assigned to maintain peace and order at the prom night of Pili Barangay High During the event, he responded to a r eport by two female students that someone was making trouble at one of temporary building. He and Patrolman ose Pabon found !ernando Bataller, drunk, with his two companions, appeared that !ernando was breaking the bamboo walls walls of the temporary building. Belbes, armed with an arm at Bataller, who was hit at several different parts of his body, and died. "hether or not there was a confrontat disputed #appellee says there was none, appellant #Belbes$ says there was$.
%rial court held Belbes guilty for murder. &n his appeal, Belbes said he fired the shots at Bataller out of self'de official functions when he did so. that he was performing his official FACTS (DETAILED VERSION): APPELLEE’s VERSION: •
(n the evening of !ebruary )*, )++, Patro )++, Patrolan lan Domingo Belbes (appellant) and Pat. and Pat. Jose Pabon we Pabon we
•
to maintain peace and order at the unior and Senior Prom of Pili Barangay High School, Pili, Bacaca %wo female students approached Teacher-in-charge Mila Ulanca and said that somebody w :!! PM: %wo
•
trouble. Belbes #armed with an armalite rifle$, and Pabon #armed with a ./ caliber revolver$ respond scene. 0eanwhile, Fernando Bataller , who was drunk, was with his cousin 1arlito Bataller, and friend 2os
•
"hile vomiting and holding on to the bamboo wall of the school’s temporary building, the bamboo sp %he policemen then arrived. 0oments #si3 seconds according to 0rs. 0ila 4lanca$ after, bursts of gunfire 52at'tat'tat'tat'tat6 wer
"ithout "ithout warning, Belbes had fired his gun at Fernando Bataller , who was hit on different parts of th died. APPELLANT’s #B78B7S’s$ VERSION:
Master your semester with Scribd Read Free For 30 Days Sign up to on He and Pabon found !ernando Bataller making trouble and destroying thevote wall ofthis thetitle temporary build & The New York Times !ernando was drunk or a little tipsy, a"# $as "%t &%'iti"g. Useful Not useful •
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Special offer students: Only $4.99/month. %he two approached !ernando and identified themselves as policemen, but the former ignored them. • for
front of !ernando #one meter awa y from each other$. !ernando lunged with a knife at Pabon, but the
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008. Miquibas v. Commanding
1
of 2
People vs Belonio 429 scra
US vs Vicentillo. Art 12.
Search document
ISSUE12ELD:
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"(: the %rial 1ourt was correct in holding the accused guilty for murder. NO
RATIO:
-ppellant offers no material evidence to sufficiently support his claim of self'defense on the face of mortal on police duty. "here the accused admits to killing the victim in self defense, the burden of evidence shifts to
However, the evidence reveals an i"/%'+ete 30sti-*i"g /i,/0'sta"/e defined in Article 11, paragraph num Revised Penal Code. !or a person not to incur criminal liability when he acts in the fulfillment of a duty, ; re concur= #)$ that the offender acted in the performance of a duty> #;$ that the in?ury or offense committed be th conse
-lthough Belbes did act in the performance of his duty #first re
CONCLUSION:
%rial court decision 0(D&!&7D. -ppellant is guilty only of %'i/i#e4 'itigate# 5* te i"/%'+ete 30sti-* /i,/0'sta"/e %- -0-i'e"t %- #0t*. Sentence= indeterminate penalty of eight #/$ years of prision mayor min minimum, to fourteen #)@$ years of reclusion temporal ma3imum. You're minimum, Reading aas Preview EFFECT OF 6USTIFING CIRCUMSTANCE: Unlock full access with a free trial.
Penalty of homicide if reclusion temporal. But with one mitigating circumstance, ma3imum of penalty should Download With Free Trial minimum period, and minimum of penalty should be from prision ma yor.
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