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Legal Analysis: Delector Case

The document summarizes a court case where Armando Delector was charged with murder for shooting his brother Vicente. The court ruled that the information filed against Armando was insufficient to charge him with murder as it lacked details on elements like treachery and premeditation. The court also rejected Armando's claim that the shooting was accidental based on factors like the type of firearm used and it being fired twice.

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56 views2 pages

Legal Analysis: Delector Case

The document summarizes a court case where Armando Delector was charged with murder for shooting his brother Vicente. The court ruled that the information filed against Armando was insufficient to charge him with murder as it lacked details on elements like treachery and premeditation. The court also rejected Armando's claim that the shooting was accidental based on factors like the type of firearm used and it being fired twice.

Uploaded by

Kristel Jdm
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
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G.R. No.

200026 October 4, 2017

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee


vs.
ARMANDO DELECTOR, Accused-Appellant

Facts:

 Vicente Delector (victim) was talking with his brother, Antolin near his residence in Samar 6 pm
of August 8, 1997, when Armando (accused), another brother, shot him twice causing him to die
the next day.
 Armando was identified as the assailant, attested by the victim’s son and by Raymond Reyes,
who had happened to be in the scene after having come from his school.
 The Office of the Provincial Prosecutor of Samar filed the Information in the RTC charging
Armando murder, with deliberate intent to kill, with treachery and evident premeditation.
 Armando (the accused), on the other hand, insisted that the shooting of Vicente had been by
accident. According to him and his son, Vicente had gone to their house looking for Armando,
but Armando had earlier left to avoid confrontation. However, Vicente still followed him. Their
brother, Antolin intervened and attempted to calm Vicente but Vicente attacked Antolin. Upon
seeing Vicente to be carrying his gun, Armando came out and tried to wrest the gun from
Vicente, but as they grappled with each other for control of the gun, the gun accidentally fired,
and Vicente was hit.

Issue/s:

1. Whether the information filed against Armando Delector adequately specified the elements of
murder, particularly treachery and evident premeditation
2. (Sub-issue) Whether the accused's claim of an exempting circumstance (self-defense) should be
considered based on the facts presented.

Ruling:

1. No.

The court ruled that the information filed against Armando Delector was not sufficient to charge
him with murder. The information lacked specific details regarding the elements of treachery
and evident premeditation, as required by law. These elements were not adequately alleged in
the information.

2. No.

On the issue regarding exempting circumstance of accident, the court ruled that the
circumstances surrounding the shooting made it highly improbable (very unlikely) that the
incident was due to an accident. Specifically, because, the court noted that the nature of the
firearm (revolver) used as it required considerable pressure on the trigger to fire. The court also
noted that the gun had been fired twice, which made the accident claim less credible. There is a
question also regarding the accused's failure to help or show concern for the victim if it were
genuinely an accident.

In summary, the court found the information insufficient to support a murder charge and downgraded it
to homicide. The exempting circumstance of accident was not accepted, and the accused was sentenced
accordingly.

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