G.R. No. 134262 - PEOPLE OF THE PHILIPPINES, VS. ABDULAJID SABDANI y SHUMARHARI, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, judgment is hereby rendered finding the accused[,] Police Chief Inspector and Muslim Imam ABDULAJID SABDANI Y SHUMARHARI[,] GUILTY beyond reasonable doubt of the crime of MURDER as principal in the perpetration thereof, with treachery as a qualifying [circumstance], over the death of NORODIN IBRAHIM, and said accused is hereby sentenced to suffer the penalty of [r]eclusion [p]erpetua in accordance with the Revised Penal Code. "On the civil aspect, the accused Abdula[j]id Sabdani y Shumarhari is hereby ordered to pay the heirs of deceased Norodin Ibrahim the sum of P50,000.00 as indemnification da[ma]ges; and P100,000.00 as moral damages." [4] The Facts Evidence for the Prosecution In its Brief, the Office of the Solicitor General [5] presents the following narration of the facts as viewed by the prosecution: "[O]n the morning of July 14, 1996, while tending their bakery located at 25-A Libya Street, Salam Mosque Compound, Culiat, Tandang Sora, Quezon City, Hairoden M. Abdul saw Norodin Ibrahim standing in front of appellant's house, watching a garbage truck as it backed up (TSN, November 12, 1996, pp. 7, 9, 14, 17-18). Unfortunately for Norodin, appellant, a police officer and an Imam or Moslem priest, saw him too (Ibid., pp. 14, 22, 24). Appellant forbade people from standing or talking in front of his house, and deeply resented those who did (Ibid., p. 11). "Soon after having seen Norodin, appellant emerged from his house carrying his .45-caliber gun (Ibid., p. 24). Appellant walked towards Norodin who, upon seeing appellant, ran away (Ibid.). Before he could distance himself, however, Norodin stumbled (Ibid.). As he lay supine on the ground, appellant stood over him and shot him (Ibid., pp. 25, 31). Norodin, writhing in pain, put his hands up, as though begging for appellant's mercy (Ibid., p. 31). Instead of pitying him, however, appellant shot him again (Ibid., p. 32.). "Appellant remained at the crime scene for several minutes, pointing his gun at bystanders and onlookers who, in turn, scampered away in fear (Ibid., pp. 38-41). Appellant then returned to his house (Ibid., p. 43). "Around two minutes later, appellant came out of his house in police uniform (Ibid., pp. 45, 48). About the same time, four policemen arrived, pointing their guns at appellant (Ibid., p. 51). Appellant put down his gun and did not resist arrest (Ibid.). As the arresting officers led him away, appellant smiled and uttered, " Sample lang iyan, sample " (Ibid., pp. 52-54). "Norodin was brought to the hospital for treatment, but failed to survive the gunshot wounds inflicted upon him by appellant (Ibid., p. 49)." [6] Evidence for the Defense In his Brief, [7] appellant interposes self-defense and presents the following version of the facts: "Marilyn Sabdani testified that accused Abdulajid Sabdani is her husband. At around 7:30 [o]n the morning of July 14, 1996, she was standing near the window of their house carrying her son. At that time, her husband was