Digest Agsunod
Digest Agsunod
Digest Agsunod
Facts:
At about 6 o'clock in the evening of July 7, 1992, appellant Rodrigo Agsunod, Jr. his
five (5) companions, who wore fatigue uniforms and were armed with the armalite
rifles, arrived at the house of Rodolfo Sebastian, a barangay councilman, in
Barangay Parug-Parug, Solana, Cagayan. Sebastian’s son Raymundo informed them
that his father was not yet at home. After waiting for a while, Agsunod and two of
his companions went to the house of ex Barangay Captain Evaristo Julian. Agsunod
and company seized the .22 calibre rifle of Julian and went back to the house of
Sebastian. Upon seeing Rodolfo in the yard with the 3 companions, Agsunod
instantly fired the rifle grazing the victim’s shoulder and others also fired at Rodolfo
killing him on the spot.
Agsunod argues that the corpus delicti was not proven because while the Death
Certificate of Rodolfo Sebastian was presented in evidence, appellant contends that
this merely proved the fact of death, not the cause of death of the victim.
Ruling:
*dab