CASE DIGEST

Case: People vs Ompad 20 SCRA 750

G. R. No.: L-23513
Date: January 31, 1969
Ponente: MAKALINTAL, J.

FACT:
On around 8:00 pm of May 7, 1962 in Sitio Inalaran, Barrio San Isidro, Municipality of Sta.
Rita, Samar, Simplicio Tapulado, together with his common-law wife were about to retire for the
night when they have heard someone calling out from the outside of their house asking Simplicio
to come out. After identifying the identity of the caller, who is Vicente Ompad, Simplicio got up
to push open the shutter when a gunshot was heard fired by Vicente Ompad. Simplicio fell down
the ground immediately lifeless. Meanwhile, the common-law wife, Dominga del Monte, who
has risen almost simultaneously with Simplicio, was about to light the lamp when another
gunshot was fired but this time by one Angel Libre who was standing beside Vicente Ompad. Hit
on the chest, Dominga instinctively tried to run to the inner room for safety but fell dead after a
few steps. However, Dominga’s 17 year old son, Pablo del Monte, was able to escape such
misfortune when he hid himself in the kitchen. From the position he was hidden, he was able to
identify the assailants and narrate the scenes that took place as he become a witness to the case.
Upon apprehension of the assailants by Sgt. Exequiel Loreno of the 64th PC stationed at
Catbalogan. It was later found out at the investigation that Pastor Libutin, Vicente Ompad and
other individuals in company, while drinking alcoholic beverages, were already planning to kill
the deceased earlier that evening. According to the narration of the state witness, Lucio Samar,
which also one of their company earlier of that evening, it was Pastor Libutin who proposed to
Vicente Ompad to kill the deceased because he has a grudge towards him. In fact, the bullets
fired by Vicente Ompad were supplied by Pastor Libutin.

Issue:

Whether or not an aggravating circumstance of evident premeditation was present in this

case.

Ruling:

Yes. The aggravating circumstance of evident premeditation is present in this case.

Premeditation is evident as the instigator of the crime, Pastor Libutin, is the one who instigated
and planted the idea of committing the crime to Vicente Ompad (triggerman) even if there is an
absence of grudge between Vicente and Simplicio (deceased). He even supplied the ammunition
towards Vicente when hesitation from the triggerman presented. He also staged the intoxication
of his companions to provide him with a suitable and convenient avenue to present his idea of a
crime. He was also close with the triggerman when walking towards the house of the deceased
until the shooting. Thus, with these series of event, it is clear that Pastor Libutin carried out his
plan deliberately before planning implying evident premeditation.