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    People V Sumaoy Digest Scribd

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    Samantha Kaye Avestruz
    This document summarizes a criminal case from 1988 involving the murder of Zandro Vargas. Four witnesses testified that they saw Pacifico Sumaoy shoot and abduct Vargas in Tagum City, Davao. Vargas was found dead later that evening in a field, having been shot four times. While Sumaoy claimed an alibi, witnesses identified him as the shooter. The court found Sumaoy guilty of homicide with the aggravating circumstance of treachery, but not of abuse of public position, as it was not proven he committed the crime in uniform.

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    People V Sumaoy Digest Scribd

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    Samantha Kaye Avestruz
    52 views2 pages
    This document summarizes a criminal case from 1988 involving the murder of Zandro Vargas. Four witnesses testified that they saw Pacifico Sumaoy shoot and abduct Vargas in Tagum City, Davao. Vargas was found dead later that evening in a field, having been shot four times. While Sumaoy claimed an alibi, witnesses identified him as the shooter. The court found Sumaoy guilty of homicide with the aggravating circumstance of treachery, but not of abuse of public position, as it was not proven he committed the crime in uniform.

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    This document summarizes a criminal case from 1988 involving the murder of Zandro Vargas. Four witnesses testified that they saw Pacifico Sumaoy shoot and abduct Vargas in Tagum City, Davao. Vargas was found dead later that evening in a field, having been shot four times. While Sumaoy claimed an alibi, witnesses identified him as the shooter. The court found Sumaoy guilty of homicide with the aggravating circumstance of treachery, but not of abuse of public position, as it was not proven he committed the crime in uniform.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views2 pages

    People V Sumaoy Digest Scribd

    Uploaded by

    Samantha Kaye Avestruz
    This document summarizes a criminal case from 1988 involving the murder of Zandro Vargas. Four witnesses testified that they saw Pacifico Sumaoy shoot and abduct Vargas in Tagum City, Davao. Vargas was found dead later that evening in a field, having been shot four times. While Sumaoy claimed an alibi, witnesses identified him as the shooter. The court found Sumaoy guilty of homicide with the aggravating circumstance of treachery, but not of abuse of public position, as it was not proven he committed the crime in uniform.

    Copyright:

    © All Rights Reserved
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    of 2

     

    p vs sumaoy
    Facts:
    On July 9th, 1988 Pacifico Sumaoy along with 3 other unidentified individuals
     were seen by 4 witnesses
    witne sses shoot and abduct Zandro
    Z andro Vargas (16 years) in Tagum
    Davao.
     Witness (Patricio Jacobe
    Jac obe 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,
    Sumao y, and was dragged to a tricycle, wherein
    w herein 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
    (Wilbe rt Vargas - Deceased's brother)
    brothe r) 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
    t o 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
    circum stance of abuse public
    position
     WON Sumaoy can be charged
    c harged of Murder with aggravating circumstance
    circums tance 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
    circumstanc e of treachery (considering
    (considerin g that he shot Zandro
    from the back when the boy was running away).

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