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People vs. Anod: Murder Conviction Upheld

Samuel Anod and Lionel Lumbayan stabbed and killed Erlando Costan with a bolo in Bislig, Surigao del Sur. The trial court found them guilty of murder and sentenced them to reclusion perpetua. Anod appealed, arguing that he acted under compulsion of fear for his life. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that: 1) Anod had chances to escape or fight back, so alleged fear did not exempt liability; and 2) tying up the victim ensured the crime was committed without risk, so the qualifying circumstance of treachery was present.

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1K views1 page

People vs. Anod: Murder Conviction Upheld

Samuel Anod and Lionel Lumbayan stabbed and killed Erlando Costan with a bolo in Bislig, Surigao del Sur. The trial court found them guilty of murder and sentenced them to reclusion perpetua. Anod appealed, arguing that he acted under compulsion of fear for his life. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that: 1) Anod had chances to escape or fight back, so alleged fear did not exempt liability; and 2) tying up the victim ensured the crime was committed without risk, so the qualifying circumstance of treachery was present.

Uploaded by

Ian Auro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Case Decision: Lumbayan v. Costan: Provides the legal ruling, factual background, and judicial reasoning in the case of Samuel Lumbayan versus Costan.

PEOPLE OF THE PHILIPPINES, Appellee,

- versus SAMUEL ANOD, Appellant.


G.R. No. 186420 August 25, 2009
Facts:
On May 16, 1997, at Bislig, Surigao del Sur, Philippines, Samuel Anod and Lionel Lumbayan stabbed
and hacked to death Erlando Costan with a pointed bolo, to the damage and prejudice of the heirs of the
said Costan.
The RTC found Anod and Lumbayan guilty beyond reasonable doubt of Murder and sentenced them
reclusion perpetua and to pay the widow of Costan damages.
Appellant assailed RTCs decision and argues that the act was against his will and done under the
compulsion of an irresistible force and uncontrollable fear for his life. Moreover, appellant contends that
the qualifying circumstances of evident premeditation and treachery were not proven beyond reasonable
doubt.
The CA affirmed RTCs decision with modification, imposing reclusion perpetua without eligibility for
parole and ordered him to pay heirs of Costan civil indemnity, moral damages, exemplary damages, and
actual damages.
Issue:
1.

Whether CA erred in not considering the exempting circumstances for irresistible


force and uncontrollable fear?

2. Whether CA erred in appreciating treachery and evident premeditation as qualifying


circumstances?
Held:

1. No. Based on the evidence on record, appellant had the chance to escape Lumbayan's
threat or engage Lumbayan in combat, as appellant was also holding a knife at the
time. Thus, appellant's allegation of fear or duress is untenable. In order for the
circumstance of uncontrollable fear may apply, it is necessary that the compulsion be
of such a character as to leave no opportunity for escape or self-defense in equal
combat. Therefore, under the circumstances, appellants alleged fear would not
suffice to exempt him from incurring criminal liability.
2. No. Here, appellant tied Costan while the latter was lying down before he and Lumbayan
stabbed the latter to death; thus, ensuring the execution of the crime without risk to
themselves. Obviously, Costan could not flee for his life or retaliate. This aggravating
circumstance qualifies the crime to murder.
SC affirmed CA decision with modification that the award of civil indemnity was reduced.

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