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  • CD P VS Abalos

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    Tiburcio Abalos was found guilty by the trial court of the complex crime of direct assault with murder. He had gotten into a heated argument with his father when a woman shouted for help, drawing Pfc. Lambine to the scene. Abalos then took a 2x3 inch, 3 foot long piece of wood from a Ford Fiera and swiftly swung it, striking the back of Lambine's skull and causing a severe fracture. Lambine lost consciousness and later died from the blow. The Supreme Court upheld the trial court's ruling, finding that the crime occurred at night and Lambine was unable to defend himself, with aggravating circumstances showing treacherous intent.

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    CD P VS ABALOS

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    Tiburcio Abalos was found guilty by the trial court of the complex crime of direct assault with murder. He had gotten into a heated argument with his father when a woman shouted for help, drawing Pfc. Lambine to the scene. Abalos then took a 2x3 inch, 3 foot long piece of wood from a Ford Fiera and swiftly swung it, striking the back of Lambine's skull and causing a severe fracture. Lambine lost consciousness and later died from the blow. The Supreme Court upheld the trial court's ruling, finding that the crime occurred at night and Lambine was unable to defend himself, with aggravating circumstances showing treacherous intent.

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    © All Rights Reserved
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    9 views1 page

    CD P VS Abalos

    Uploaded by

    Dread Doctor
    Tiburcio Abalos was found guilty by the trial court of the complex crime of direct assault with murder. He had gotten into a heated argument with his father when a woman shouted for help, drawing Pfc. Lambine to the scene. Abalos then took a 2x3 inch, 3 foot long piece of wood from a Ford Fiera and swiftly swung it, striking the back of Lambine's skull and causing a severe fracture. Lambine lost consciousness and later died from the blow. The Supreme Court upheld the trial court's ruling, finding that the crime occurred at night and Lambine was unable to defend himself, with aggravating circumstances showing treacherous intent.

    Copyright:

    © All Rights Reserved
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    of 1

    G.R. No.

    88189 July 9, 1996

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee,


    vs.
    TIBURCIO ABALOS, accused-appellant.

    FACTS:

    T. Abalos clubbed with a piece of wood in the back of the right side of the skull of Pfc. Lambine causing
    his death after. T. Abalos had a heated argument with his father P/maj. C. Abalos when a woman
    shouted and asking for help during the argument and that is the time the victim (Pfc. Lambine) came in
    to the situation. T. Abalos went to the Ford Fiera and that is where the 2x3 inches 3 feet long wood
    came from. P/maj C. Abalos leveled his carbine into Labine. T. Abalos swiftly swung the piece of the
    wood striking the back-right side of the skull of Pfc. Lambine causing a severe skull fracture sustaining
    the blow and collapsed unconsciously and later expired from the blow. The trial court found the accused
    guilty beyond reasonable doubt of the complex crime

    ISSUE:

    Whether or not the trial court erred in finding the appellant guilty beyond reasonable doubt of the
    complex crime of direct assault with murder

    RULING:

    No. The case has an aggravating circumstance which are nighttime, and he hit the victim with no
    defense. It has an insufficient treacherous intent.

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