338175775-Case-Digest-for-Legal-Medicine.docx - People of...

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People of the Philippines vs. Edgardo Borbon G.R. No. 143085, March 10, 2004 FACTS: On July 17, 1995, Edgardo Barbon was drunk and he announced he “wanted to kill”. He then hold the wrist of a certain Jaime Fahilangan. Upon hearing this, Jaime got scared and he went inside his house. Barbon then went inside a house and emerged therefrom with 2 knives. Then an unsespecting Gregorio Suck was stabbed on the belly by Barbon. Gregorio died. Barbon averred during trial that he was not at the scene of the crime when it was committed. ISSUE: Whether or not evident premeditation and treachery are attendant. HELD: No, only one of the two is present. The fact that Barbon is armed with two knives and he announced his intent to kill and his sudden and unexpected attack upon the victim Gregorio (which gave Gregorio no means of defense) indicates the presence of treachery. However, evident premeditation is not proved for there was no sufficient time for him to reflect upon the crime he was about to commit. Gregorio died on June 19, 1995. [4] Dr. Manuel O. Lagonera, Medico-Legal Officer of the PNP, conducted an autopsy on the cadaver of the victim which yielded the following findings: EXTERNAL FINDINGS: 1. Abrasion, outer angle of the mouth, right, measuring 1.5 x 0.8 cms. 2. Exploratory laparotomy incision, mid-abdomen, measuring 27 cms. 3. Drainage incisions, right upper quadrant, abdomen. 4. Stab wound, right upper quadrant, abdomen, 42 inches from heel, 8 cms. from anterior midline, measuring 3 x 0.6 cms., directed slightly upwards, backwards towards midline,
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