p vs sumaoy

Facts:
On July 9th, 1988 Pacifico Sumaoy along with 3 other unidentified individuals
were seen by 4 witnesses shoot and abduct Zandro Vargas (16 years) in Tagum
Davao.
Witness (Patricio Jacobe Jr) testified that he came out of a billiard hall on Roxas
Street at 5:45PM on July 9th 1988, to serve beer at Pacing's Carderia (located in
the Corner of Roxas St. and Sobrecary St.) where he saw the deceased talking to
Sumaoy & the 3 men. As he was going back to the billiard hall, he heard a
gunshot and he saw Zandro Vargas running towards Roxas Street with his right
arm bleeding. Deceased tried to seek for refuge at the Try Me Beauty Parlor, but
was overtaken by Sumaoy, and was dragged to a tricycle, wherein they said that
they were taking deceased to the hospital, but later in the evening he learned that
Zandro was found dead in a kangkong field near Davao Visayan Village.
Another Witness (Wilbert Vargas - Deceased's brother) testified that 6:00PM on
July 9, 1988 he was with a friend on Roxas Street near the public market, and we
was told that his brother was being beaten up in Pacing's Carinderia. He saw
Sumaoy aiming his gun at Zandro Vargas as latter was running away. Zandro got
his on the right forearm, causing him to fall to his knees and was dragged to a
tricycle and was loaded "like a pig" with his feet hanging out. He tried to come to
the aid of his brother, but Sumaoy pointed gun at him. Wilbert then ran home
and told their parents who searched for Zandro, and learned from the tricycle
driver that Zandro was killed and dumped at the Kangkong field in Visayan
Village. Wilbert was able to recognize sumaoy because because they used to work
together in Diwalwal Mining.
Dr. Jose Lopez (Municipal Health Officer- Tagum) Indicated:
1 Gunshot - Middle of Forehead
1 gunshot - Middle of right eyebrow
1 gunshot - left shide of head right above ear
1 gunshot - right - upper arm

CIS Technical Sgt - Ricardo Go testified that Sumaoy was on "Detail Duty" from
July 9 1988 8AM to July 10 1988 8AM.

RTC's decision - Murder with Treachery

Sumaoy then filed an appeal that there was no proof of what weapon was used,
and the credibility of the witnesses.

Solicitor General's representation of the unbroken chain leading to the inevitable

conclusion that Sumaoy Killed Zandro Vargas.
- Zandro being mauled by Sumaoy
- Zandro Attempting to run when Sumaoy drew pistol
- Zandro hit on the arm
- Zandro falling to his knees
- Zandro dragged towards tricycle
- Zandro loaded to tricycle
- Zandro found dead. Sumaoy indicated that he was in another place, but

Technical Sgt also admitted that he was too busy to notice if Sumaoy was in the
premises the whole day.

Issue:
WON sumaoy can be charged with the aggravating circumstance of abuse public
position
WON Sumaoy can be charged of Murder with aggravating circumstance of
treachery
Held:
No, there was no proof that Sumaoy was in the influence or reputation of his
position, nor was it proven that he was in uniform with the crime was committed.
No, because there was absence in evidence as of the manner of killing, but the
evidence sufficiently shows the guilt of sumaoy. He was charged with Homicide
with the aggravating circumstance of treachery (considering that he shot Zandro
from the back when the boy was running away).