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    People vs. Recto

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    Erickson Agco
    Julio Recto interrupted an investigation by a baranggay captain and kagawad into a stolen palay. During the commotion, Recto shot and killed the kagawad. He also shot a responding tanod, hitting his thigh. The court ruled that Recto committed the complex crime of qualified direct assault with attempted homicide against the tanod because the wounds were not fatal. For the kagawad, the court ruled Recto committed the complex crime of qualified direct assault with homicide because the attack was not done through treachery.

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    People vs. Recto

    Uploaded by

    Erickson Agco
    150 views1 page
    Julio Recto interrupted an investigation by a baranggay captain and kagawad into a stolen palay. During the commotion, Recto shot and killed the kagawad. He also shot a responding tanod, hitting his thigh. The court ruled that Recto committed the complex crime of qualified direct assault with attempted homicide against the tanod because the wounds were not fatal. For the kagawad, the court ruled Recto committed the complex crime of qualified direct assault with homicide because the attack was not done through treachery.

    Original Title

    06. People vs. Recto

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    Julio Recto interrupted an investigation by a baranggay captain and kagawad into a stolen palay. During the commotion, Recto shot and killed the kagawad. He also shot a responding tanod, hitting his thigh. The court ruled that Recto committed the complex crime of qualified direct assault with attempted homicide against the tanod because the wounds were not fatal. For the kagawad, the court ruled Recto committed the complex crime of qualified direct assault with homicide because the attack was not done through treachery.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    150 views1 page

    People vs. Recto

    Uploaded by

    Erickson Agco
    Julio Recto interrupted an investigation by a baranggay captain and kagawad into a stolen palay. During the commotion, Recto shot and killed the kagawad. He also shot a responding tanod, hitting his thigh. The court ruled that Recto committed the complex crime of qualified direct assault with attempted homicide against the tanod because the wounds were not fatal. For the kagawad, the court ruled Recto committed the complex crime of qualified direct assault with homicide because the attack was not done through treachery.

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    © All Rights Reserved
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    of 1

    GR No.

    129069 October 17, 2001


    People of the Philippines, appellee
    Vs.
    Julio Recto y Robea, appellant

    Panganiban, J.:
    Facts: Barranggay Captain Orbe and Kagawad Macalipay doing their ocular in a bodega
    where a palay where stolen. While doing their investigation, the group of Recto,
    appellant, interrupt their investigation and Recto shot Kagawad Macalipay, resulting to
    his death, while Orbe incurred wounds.
    While the commotion was happening, Tanod Recto arrived, saw the shooting and
    hid inside the old bathroom. When he no longer see the appellant, he jumped out of the
    bathroom window and ran. While running, Julio Recto shot him hitting the latter’s
    thigh.

    Issue: (1) Whether or not the appellant committed the crime of qualified direct assault
    with frustrated homicide in the case of Recto and Orbe.
    (2) Whether or not the appellant committed the crime of qualified direct assault with
    murder.

    Ruling: (1) No. Direct assault may be committed to any person in authority or any of his
    agents, while engaged in the performance of official duties, or on occasion of such
    performance.
    In this case, the victim, Melchor Recto was clearly an agent of a person in
    authority. However, he was not engaged in the performance of his official duties at the
    time he was shot. Neither was he attacked on the occasion of such performance. Thus,
    appellant committed attempted homicide, due to appellant was not able to perform all
    the acts of execution necessary to consummate the killing, since the wounds he inflicted
    were not mortal.
    In the case of Orbe, he was attempting to pacify appellant and to keep the peace
    between the two groups and like the wounds inflicted by the accused on Melchor Recto,
    those on Orbe were not fatal.Thus, appellant convicted of the complex crime of qualified
    direct assault with attempted homicide.

    (2) No. The action of the appellant was visible to them. Appellant was actually
    vulnerable to any attack that they could have made at the time. Thus, the attack is not
    treachery. Therefore, the killing is homicide. The appellant committed the complex
    crime of qualified direct assault with homicide.

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