Back

PEOPLE vs Abraham Agsalog and Jovito Siblas [DISSENTING OPINION, YNARES-SANTIAGO, J.]

PEOPLE OF THE PHILIPPINES, appellee vs. ABRAHAM AGSALOG @ PANTO and JOVITO SIBLAS y OBAÑA @ BITONG, appellants. [DISSENTING OPINION, YNARES-SANTIAGO, J.]

G.R. No. 141087 | 2004-03-31

DISSENTING OPINION 

YNARES-SANTIAGO, J.:

I would like to express my reservations on the majority opinion's ruling that the attendant circumstance of treachery is not present in the slaying of the victim Eduardo Marzan in order to qualify the crime to murder, and that no conspiracy existed between Agsalog and Siblas in the stabbing of the victim on October 4, 1997. 

I am constrained to register my dissent on two grounds: first, the presence of the attendant circumstance of treachery (alevosia) in the case at bar as inferred from the acts of appellant Abraham Agsalog to qualify the crime to murder; and second, the applicability of...