THE UNITED STATES, vs.SEVERINO VALDES Y GUILGAN G.R. No.

L-14128
December 10, 1918 TORRES, J.:
This cause was institute b! a com"#aint $i#e b! the "rosecutin% attorne! be$ore
the &ourt o$ 'irst (nstance o$ this cit!, char%in% )everino *a#es ! Gui#%an an
+u%o Labarro ! ,una#ai, a#ias +u%o Navarro ! ,unaia, with the crime o$ arson,
an, on the 20th o$ -a! o$ the "resent !ear, .u%ment was renere whereb!
)everino or 'austino *a#es u Gui#%an was sentence to si/ !ears an one a! o$
presidio mayor an to "a! one-ha#$ o$ the costs. 'rom this .u%ment this
e$enant a""ea#e. 0ith res"ect to +u%o Labarro or Navarro, the "roceein%s
were ismisse with the other ha#$ o$ the costs de officio.
,etween 8 an 9 o1c#oc2 in the mornin% o$ 3"ri# 28th o$ this !ear, when -. D.
Lewin was absent $rom the house in which he was #ivin% his $ami#!, at No. 428,
)an Ra$ae# )treet, )an -i%ue#, -rs. 3uc2bac2, who a""ears to have been a
resient o$ the nei%hborhoo, ca##e -rs. Lewin an to# her that much smo2e
was issuin% $rom the #ower $#oor o$ the #atter1s house, $or unti# then -rs. Lewin ha
not notice it, an as soon as her attention was brou%ht to the $act she orere
the servant 5au#ino ,ana# to #oo2 $or the $ire, as he i an he $oun, so as2e
with 2erosene oi# an "#ace between a "ost o$ the house an a "artition o$ the
entreso#, a "iece o$ a .ute sac2 an a ra% which were burnin%. 3t that moment the
e$enant *a#es was in the entresol, en%a%e in his wor2 o$ c#eanin%, whi#e, the
other e$enant +u%o Labarro was c#eanin% the horses 2e"t at the "#ace.
6n the same mornin% o$ the occurrence, the "o#ice arreste the e$enants,
havin% been ca##e $or the "ur"ose b! te#e"hone. )everino *a#es, a$ter his
arrest, accorin% to the statement, 7/hibit &, rawn u" in the "o#ice station,
amitte be$ore severa# "o#icemen that it was he who ha set the $ire to the sac2
an the ra%, which ha been notice on the ate mentione. an he a#so who ha
starte the severa# other $ires which ha occurre in sai house on "revious a!s8
that he ha "er$orme such acts throu%h the inucement o$ the other "risoner,
+u%o Labarro, $or the! $e#t resentment a%ainst, or ha troub#e with, their masters,
an that, as he an his coaccuse were $riens, he acte as he i uner the
"romise on Labarro1s "art to %ive him a "eso $or each such $ire that he shou#
start.
The e$enant )everino *a#es amitte, in an a$$iavit, that he mae
ec#arations in the "o#ice station, a#thou%h he enie havin% "#ace the ra% an
"iece o$ .ute sac2, soa2e with 2erosene, in the "#ace where the! were $oun, an
state, that it was the servant 5au#ino who ha one so. +e a##e%e that, on bein%
arrai%ne, he state that he ha set $ire to a "i#e o$ r! man%o #eaves that he ha
%athere to%ether, which is contrar! to the statement he mae in the "o#ice
station, to wit, that he ha set the $ire to the sai ra% an "iece o$ sac2 uner the
house.
'or #ac2 o$ evience an on his counse#1s "etition, the case was ismisse with
res"ect to the other e$enant +u%o Labarro.
6win% to the re"eate attem"ts mae $or about a month "ast, since )everino
*a#es ,e%an to serve the Lewin $ami#!, to burn the house above mentione.
occu"ie b! the #atter an in which this e$enant was em"#o!e, some
"o#icemen were watchin% the bui#in% an one o$ them, 3ntonio Garcia e# &i.,
one mornin% "rior to the commission o$ the crime, accorin% to his testimon!, saw
the e$enant *a#es c#imbin% u" the wa## o$ the warehouse behin the we##in%
house, in which warehouse there was some straw that ha "revious#! been
burne, an that, when the e$enant notice the "resence o$ the "o#iceman, he
esiste $rom c#imbin% the wa## an enterin% the warehouse.
The $act o$ settin% $ire to a .ute sac2 an a ra%, soa2e with 2erosene oi# an
"#ace besie an u"ri%ht o$ the house an a "artition o$ the entreso# o$ the
bui#in%, thus enan%erin% the burnin% o$ the #atter, constitutes the crime o$
$rustrate arson o$ an inhabite house, on an occasion when some o$ its inmates
were insie o$ it.. This crime o$ "rovie $or an "unishe b! artic#e 949, in
connection with artic#es 4, "ara%ra"h 2, an :9 o$ the 5ena# &oe, an the so#e
"roven "er"etrator o$ the same b! irect "artici"ation is the e$enant )everino
*a#es, $or, notwithstanin% his enia# an unsubstantiate e/cu#"ations, the
recor isc#oses conc#usive "roo$ that it was he who committe the sai un#aw$u#
act, as it was a#so he who was %ui#t! o$ havin% set the other $ires that occurre in
sai house. (n an a$$iavit the e$enant amitte havin% mae ec#arations in the
"o#ice station, an thou%h at the tria# he enie that he set $ire to the sac2s an
the ra% which were $oun soa2e in 2erosene an burnin%, an, without "roo$
whatever, #ai the b#ame unto his coe$enant, the $act is that con$esse to
havin% set $ire to a "i#e o$ r! #eaves whereb! much smo2e arose $rom the #ower
"art o$ the house, but which, however, i not $orewarn his mistress, -rs. Lewin,
thou%h she shou# have notice it, an he a##owe the sac2 an the ra% to
continue burnin% unti# -rs. 3uc2bac2 noticin% a #ar%e vo#ume o$ smo2e in the
house, %ave the a#arm. No "roo$ was submitte to substantiate the accusation he
mae a%ainst the servant 5au#ino, who a""arent#! is the same "ersons as the
river +u%o Labarro.
The crime is c#assi$ie on#! as $rustrate arson, inasmuch as the e$enant
"er$orme a## the acts conceive to the burnin% o$ sai house, but neverthe#ess.,
owin% to causes ine"enent o$ his wi##, the crimina# act which he intene was
not "rouce. The o$$ense committe cannot be c#assi$ie as consummate arson
b! the burnin% o$ sai inhabite house, $or the reason that no "art o$ the bui#in%
ha !et commence to burn, a#thou%h, as the "iece o$ sac2 an the ra%, soa2e
in 2erosene oi#, ha been "#ace near "artition o$ the entresol, the "artition mi%ht
have starte to burn, ha the $ire not been "ut out on time.
There is no e/tenuatin% or a%%ravatin% circumstance to be consiere in a
connection with the commission o$ the crime, an there$ore the "ena#t! o$ presidio
mayor immeiate#! in$erior in e%ree to that s"eci$ie in artic#e 949 o$ the 5ena#
&oe, shou# be im"ose in its meium e%ree.
'or the $ore%oin% reasons the .u%ment a""ea#e $rom shou# be a$$irme, with
the moi$ication however, that the "ena#t! im"ose u"on the e$enant sha## be
%iven ei%ht !ears an one a! o$ presidio mayor, with the accessor! "ena#ties
"rescribe in artic#e 9; o$ the &oe. The e$enant sha## a#so "a! the costs o$
both instances. )o orere.
G.R. No. L-4160 July 29, 192
ANITA TAN vs. STANDARD VA!UU" OIL !O., JULITO STO DO"INGO,
IG"IDIO RI!O, #$% RURAL TRANSIT !O., e$enants-a""e##ees. &AUTISTA
ANGELO, J.:
3nita Tan is the owner o$ the house o$ stron% materia#s base in the &it! o$
-ani#a, 5hi#i""ines. 6n -a! 4, 1949, the )tanar *acuum 6i# &om"an! orere
the e#iver! to the Rura# Transit &om"an! at its %ara%e at Ri<a# 3venue
7/tension, &it! o$ -ani#a, o$ 1,929 %a##ons o$ %aso#ine usin% a %aso#ine tan2-truc2
trai#er. The truc2 was riven b! =u#ito )to. Domin%o, who was he#"e (%miio
Rico. 0hi#e the %aso#ine was bein% ischar%e to the uner%roun tan2, it cau%ht
$ire, whereu"on =u#ito )to. Domin%o rove the truc2 across the Ri<a# 3venue
7/tension an u"on reachin% the mi#e o$ the street he abonone the truc2 with
continue movin% to the o""osite sie o$ the $irst street causin% the bui#in%s on
that sie to be burne an etro!e. The house o$ 3nita Tan was amon% those
estro!e an $or its re"air she s"ent 512,000.
3s an a$termath o$ the $ire, =u#ito )to. Domin%o an (mi%iio Rico were char%e
with arson throu%h rec2#ess im"ruence in the &ourt o$ 'irst (nstance o$ -ani#a
where, a$ter tria#, both were ac>uitte, the court ho#in% that their ne%#i%ence was
not "roven an the $ire was ue to an un$ortunate accient.
3nita Tan then brou%ht the action a%ainst the )tanar *acuum 6i# &om"an! an
the Rura# Transit &om"an!8, inc#uin% the two em"#o!ees, see2in% to recover the
ama%es she has su$$ere $or the estruction o$ her house.
De$enants $i#e se"arate motions to ismiss a##e%in% in substance that ?a@
"#ainti$$As action is barre b! "rior .u%ment an ?b@ "#ainti$$As com"#aint states no
cause o$ action8 an this motion havin% been sustaine, "#ainti$$ e#evate the case
to this &ourt im"utin% ei%ht errors to the court a quo.
1
The recor isc#oses that the #ower court ismisse this case in view o$ the
ac>uitta# o$ the two em"#o!ees o$ e$enant )tanar *acuum 6i# &om"an! who
were char%e with arson throu%h rec2#ess im"ruence in the &ourt o$ 'irst
(nstance o$ -ani#a. (n conc#uin% that accuse were not %ui#t! o$ the acts char%e
because o$ the $ire was accienta#, the court mae the $o##owin% $inin%sB Cthe
accuse (mi%iio Rico cannot in an! manner be he# res"onsib#e $or the $ire to the
three houses an %oos therein above mentione. +e was not the cause o$ it, an
he too2 a## the necessar! "recautions a%ainst such contin%enc! as he was
con$ronte with. The evience throws no #i%ht on the cause o$ $ire. The witnesses
$or the "rosecution an $or the e$ense testi$ie that the! i not 2now what
cause the $ire. (t was un$ortunate accient $or which the accuse (i%miio Rico
cannot be he# res"onsib#e.C 3n a simi#ar $inin% was mae with res"ect to the
other accuse that the in$ormation $i#e a%ainst the accuse b! the 'isca# contains
an itemi<e statement o$ the ama%es su$$ere b! the victims, inc#uin% the one
su$$ere b! 3nita Tan, thereb! inicatin% the intention o$ the "rosecution to
eman inemnit! $rom the accuse in the same action, but that notwithstanin%
this statement with res"ect to ama%es, 3nita Tan i not ma2e an! reservation
o$ her ri%ht to $i#e a se"arate civi# action a%ainst the accuse as re>uire b! the
Ru#es o$ &ourt Ru#e 10;, section 1-?a@. 3s 3nita Tan $ai#e to ma2e reservation,
an the accuse were ac>uitte, the #ower court ru#e that she is now barre $rom
$i#in% this action a%ainst the e$enants.
This ru#in% is so $ar as e$enants =u#io )to. Domin%o an (mi%iio Rico are
concerne is correct. The ru#e is that Ce/tinction o$ the "ena# action oes not carr!
with it e/tinction o$ the civi#, un#ess the e/tinction "rocees $rom the ec#aration in
a $ina# .u%ment that the $act $rom which the civi# mi%ht arise i not e/istC ?Ru#e
10;, section 1-, Ru#es o$ &ourt@. This "rovision means that the ac>uitta# o$ the
accuse $rom the crimina# char%e wi## not necessari#! e/tin%uish the civi# #iabi#it!
un#ess the court ec#ares in the .u%ment that the $act $rom which the civi# #iabi#it!
mi%ht arise an i not e/ist. +ere it is true that =u#ito )to. Domin%o an (%miio
Rico were ac>uitte, the court ho#in% that the! were not res"onsib#e $or the $ire
that estro!e the house o$ the "#ainti$$,Dwhich as a ru#e wi## not necessari#!
e/tin%uish their civi# #iabi#it!,Dbut the court went $urther b! statin% that the
evience throws no #i%ht on the cause o$ $ire an that it was an un$ortunate
accient $or which the accuse cannot be he# res"onsib#e. (n our o"inion, this
ec#aration $its we## into the e/ce"tion o$ the ru#e which e/em"ts the two accuse
$rom civi# #iabi#it!. 0hen the court ac>uitte the accuse because the $ire was ue
to an un$ortunate accient it actua##! sai that the $ire was ue to a $ortuitous
event $or which the accuse are not to b#ame. (t actua##! e/onerate them $rom
civi# #iabi#it!.
,ut the case ta2es a i$$erent as"ect with res"ect to the other e$enants. 'or
one thin%, the "rinci"#e o$ res judicata cannot a""#! to them $or the sim"#e reason
that the! were not inc#ue as co-accuse in the crimina# case. Not havin% been
inc#ue in the crimina# case the! cannot en.o! the bene$it resu#tin% $rom the
ac>uitta# o$ the accuse. This bene$it can on#! be c#aime b! the accuse i$ a
subse>uent action is #ater ta2en a%ainst them uner the Revise 5ena# &oe. 3n
this action can on#! be maintaine i$ "ro"er reservation is mae an there is no
e/"ress ec#aration that the basis o$ the civi# action has not e/iste. (t is,
there$ore, an error $or the #ower court to ismiss the case a%ainst these two
e$enants more so when their civi# #iabi#it! is "reicate or $acts other than those
attribute to the two em"#o!ees in the crimina# case.
Ta2e, $or instance, o$ the )tanar *acuum 6i# &om"an!. this com"an! is sue
not "recise#! because o$ su""ose ne%#i%ent acts o$ its two em"#o!ees =u#ito )to.
Domin%o an (%miio Rico but because o$ acts o$ its own which mi%ht have
contribute to the $ire that estro!e the house o$ the "#ainti$$. The com"#aint
contains e$inite a##e%ations o$ ne%#i%ent acts "ro"er#! attributab#e to the com"an!
which "roven an not re$ute ma! serve as basis o$ its civi# #iabi#it!. Thus, in
"ara%ra"h 9 o$ the $irst cause o$ action, it is e/"ress#! a##e%e that this com"an!,
throu%h its em"#o!ees, $ai#e to ta2e the necessar! "recautions or measures to
insure sa$et! an avoi harm to "erson an ama%e to "ro"ert! as we## as to
observe that e%ree o$ care, "recaution an vi%i#ance which the circumstances
.ust#! emane, thereb! causin% the %aso#ine the! were un#oain% to catch $ire.
the "recautions or measures which this com"an! has a##e%e#! $ai#e to ta2e to
"revent $ire are not c#ear#! state, but the! are matters o$ evience which nee
not now be etermine. )u$$ice it to sa! that such a##e%ation $urnishes enou%h
basis $or a cause o$ action a%ainst this com"an!. There is no nee $or the "#ainti$$
to ma2e a reservation o$ her ri%ht to $i#e a se"arate civi# action, $or as this court
a#rea! he# in a number o$ cases, such reservation is not necessar! when the
civi# action contem"#ate is not erive $rom the crimina# #iabi#it! but one base on
culpa aquiliana uner the 6# &ivi# &oe ?artic#es 1902 to 1910@. These two acts
are se"arate an istinct an shou# not be con$use one with the other. 5#ainti$$
can choose either ?3suncion 5ar2er vs. +on. 3.= 5an#i#io supra, ". 1.@
The case o$ the Rura# Transit &o. is even more i$$erent as it is "reicate on a
s"ecia# "rovisions o$ the Revise 5ena# &oe. Thus, artic#e 101, Ru#e 2, o$ sai
&oe "roviesB
3rt. 101. Rules regarding civil liability in certain cases. D The
e/em"tion $rom crimina# #iabi#it! estab#ishe in subivisions 1, 2, 4, 9
an : o$ artic#e 12 an in subivision 4 o$ artic#e 11 o$ this &oe oes
not inc#ue e/em"tion $rom civi# #iabi#it!, which sha## be en$orce to the
$o##owin% ru#esB
/ / / / / / / / /
)econ. (n cases $a##in% within subivision 4 o$ artic#e 11, the "ersons
$or whose bene$it the harm has been "revente sha## be civi##! #iab#e in
"ro"ortion to the bene$it which the! have receive.
3n on this "oint, the com"#aint contains the $o##owin% avermentsB
4. That a$ter the corres"onin% tria# the sai e$enants were ac>uitte
an e$enant =u#io )to. Domin%o was ac>uitte, on the %roun that
he so acte causin% ama%e to another in orer to avoi a %reater evi#
or in.ur!, uner artic#e 11, "ara%ra"h 4 o$ the Revise 5ena# &oe, as
shown b! the "ertinent "ortion o$ the ecision o$ this +onorab#e &ourt
in sai case, ate 6ctober 28, 1949, which reas as $o##owsB
Ener the $ore%oin% $acts, there can be no oubt that ha the accuse
=u#ito )to. Domin%o not ta2en the %aso#ine tan2-truc2 trai#er out in the
street, a bi%%er con$#a%ration wou# have occurre in Ri<a# 3venue
7/tension, an, "erha"s, there mi%ht have been severa# eaths an
bearin% in min the "rovisions o$ 3rtic#e 11, "ara%ra"h 4 o$ the
Revise 5ena# &oe the accuse =u#ito )to. Domin%o incurre no
crimina# #iabi#it!.
4. That it was conse>uent#! the e$enant Rura# Transit &o., $rom
whose "remises the burnin% %aso#ine tan2-truc2 trai#er was riven out
b! e$enant =u#ito )to. Domin%o in orer to avoi a %reater evi# or
in.ur!, $or whose bene$it the harm has been "revente uner artic#e
101, secon subsection o$ the Revise 5ena# &oe.
&onsierin% the above >uote #aw an $acts, the cause o$ action a%ainst the Rura#
Transit &om"an! can har#! be is"ute, it a""earin% that the ama%e cause to
the "#ainti$$ was brou%ht about main#! because o$ the esire o$ river =u#ito )to.
Domin%o to avoi %reater evi# or harm, which wou# have been the case ha he
not brou%ht the tan2-truc2 trai#er to the mi#e o$ the street, $or then the $ire wou#
have cause the e/"#osion o$ the %aso#ine e"osit o$ the com"an! which wou#
have resu#te in a con$#a%ration o$ much %reater "ro"ortion an conse>uences to
the houses nearb! or surrounin% it. (t cannot be enie that this com"an! is one
o$ those $or whose bene$it a %reater harm has been "revente, an as such it
comes within the "urview o$ sai "ena# "rovision. The ac>uitta# o$ the accuse
cannot, there$ore, be eeme a bar to a civi# action a%ainst this com"an! because
its civi# #iabi#it! is com"#ete#! ivorce $rom the crimina# #iabi#it! o$ the accuse.
The ru#e re%arin% reservation o$ the ri%ht to $i#e a se"arate civi# action oes not
a""#! to it.
0here$ore, the orer a""ea#e $rom is hereb! moi$ie as $o##owsB it is a$$irme
with re%ar to e$enants =u#ito )to. Domin%o an (%miio Rico8 but it is reserve
2
with re%ar to e$enants )tanar *acuum 6i# &om"an! an Rura# Transit
&om"an!, with costs.
'(o)l( *+. A,-#l
GR N6. L-92:88 6&T. 1;, 1980
100 )&R3 429
.A!TS: +onorato 3mba# was marrie with 'e#icu#a $or 19 !rs. )he a""eare to
be a shrew an ne%#ect$u# wi$e. )he sta!e awa! $rom the con.u%a# home at
times. +e 2i##e her when the #atter $ai#e to bu! a meicine $or 3mba# who was
a$$#icte with in$#uen<a. The two en%a%e in a heate a#tercation. 'e#icu#a to# her
husban that it wou# be better i$ he were ea. That remar2 in$uriate 3mba# an
im"e##e him to attac2 his wi$e.
+e went to the baran%a! ca"tain an in$orme that he 2i##e his wi$e. 3$ter ma2in%
that ora# con$ession, 3mba# too2 a "eicab, went to the munici"a# ha## an
surrenere to a "o#iceman.
Durin% the tria#, he "#eae not %ui#t! an, thru his counse# e o$icio, the e$ense
o$ 3mba# was insanit!. Dr. ,a#bas state urin% tria#B ,e$ore the commission o$
the crime, he was norma#. 3$ter the commission o$ the crime, norma#, but urin%
the commission o$ the crime, that is what we ca## F5s!chosisG ue to short
$rustration to#erance.
The &ourt o$ 'irst (nstance o$ &ami%uin convicte him o$ "arricie, sentencin%
him to rec#usion "er"etua an orerin% him to "a! an inemnit! o$ 5h"12,000 to
the heirs o$ his ecease wi$e, 'e#icu#a *icente-3mba#.
ISSUE: 0hether or not 3mba# was insane an is not %ui#t! o$ the crime o$
"arricie.
RULING: 3rt. 12 o$ the Revise 5ena# &oe e/em"ts $rom crimina# #iabi#it! an
imbeci#e or an insane "erson un#ess the #atter has acte urin% a #uci interva#.
The #aw "resumes that ever! "erson is o$ soun min, in the absence o$ "roo$ to
the contrar! ?E) vs. -artine<, 44 5hi# 409@. The #aw a#wa!s "resumes a## acts to
be vo#untar!. (t is im"ro"er to "resume that acts were e/ecute unconscious#!. (n
orer that insanit! ma! be ta2en as an e/em"tin% circumstance, there must be
com"#ete e"rivation o$ inte##i%ence in the commission o$ the act or that the
accuse acte without the #east iscernment. -ere abnorma#it! o$ his menta#
$acu#ties oes not e/c#ue im"utabi#it!.
3mba# is %ui#t! o$ "arricie with the miti%atin% circumstance o$ vo#untar! surrener
to the authorities. 3rtic#e 24: o$ the Revise 5ena# &oe "unishes "arricie with
rec#usion "er"etua to eath. The #esser "ena#t! shou# be im"ose because o$
the "resence o$ one miti%atin% circumstance an that absence o$ a%%ravatin%
circumstance.
!ASE DIGEST ON 'EO'LE *. DUNGO /199 S!RA 060 1199123
NatureB 3utomatic review o$ the ecision o$ the RT& o$ 5am"an%a convictin% the
accuse o$ murer.
'actsB 6n -arch 1:, 198; between 2B00 an 4B00"m, the accuse went to -rs.
)i%ua1s o$$ice at the De"artment o$ 3%rarian Re$orm, 3"a#it, 5am"an%a. 3$ter a
brie$ ta#2, the accuse rew a 2ni$e $rom the enve#o"e he was carr!in% an
stabbe -rs. )i%ua severa# times. 3$ter which he e"arte $rom the o$$ice with
b#oo staine c#othes, carr!in% a b#ooie b#ae wea"on. The auto"s! re"ort
revea#e that the victim sustaine 14 wouns, 9 o$ which were $ata#.
Roo#$o )i%ua, husban o$ the ecease, testi$ie that sometime in 'ebruar!
198;, the accuse Rosa#ino Dun%o in>uire $rom him wh! his wi$e was re>uirin%
so man! ocuments $rom him. Roo#$o e/"#aine to him the "roceure at the
D3R.
The accuse, in e$ense o$ himse#$, trie to show that he was insane at the time
o$ the commission o$ the o$$enseB
H Two wee2s "rior to -arch 1:, 198;, Rosa#ino1s wi$e notice that he
a""ears to be in ee" thou%ht a#wa!s, ma#treatin% their chi#ren when he was not
use to it be$ore. There were a#so times that her husban wou# in$orm her that
his $eet an hea were on $ire when in truth the! were not.
H 6n that $ate$u# a!, Rosa#ino com"#aine o$ stomachache but the! in1t
bother to bu! meicine as the "ain went awa! immeiate#!. Therea$ter, he went
bac2 to the store. ,ut when 3nrea $o##owe him to the store, he was no #on%er
there. 0orrie, she #oo2e $or him. 6n her wa! home, she hear "eo"#e sa!in%
that a stabbin% occurre. )he saw her husban in her "arents-in-#aw1s house with
"eo"#e mi##in% aroun. )he as2e her husban wh! he i the act, to which
Rosa#ino answere, FThat1s the on#! cure $or m! ai#ment. ( have cancer o$ the
heart. ($ ( on1t 2i## the ecease in a number o$ a!s, ( wou# ie.G That same a!,
the accuse went to -ani#a.
Dr. )antia%o an Dr. 7chave< o$ the Nationa# &enter $or -enta# +ea#th testi$ie
that the accuse was con$ine in the menta# hos"ita#, as "er orer o$ the tria# court
ate 3u%. 1;, 198;. ,ase on the re"orts o$ their sta$$, the! conc#ue that
Rosa#ino was "s!chotic or insane #on% be$ore, urin% an a$ter the commission o$
the a##e%e crime an c#assi$ie his insanit! as an or%anic menta# isorer
seconar! to cerebro-vascu#ar accient or stro2e. ,ut Dr. ,a#atbat who treate
the accuse $or ai#ments seconar! to stro2e, an Dr. Lim who testi$ie that the
accuse su$$ere orm occ#usive isease, conc#ue that Rosa#ino was somehow
rehabi#itate a$ter a series o$ meica# treatment in their c#inic.
(ssueB 06N the accuse was insane urin% the commission o$ the crime char%e.
+e#B No. 'or insanit! to re#ieve the "erson o$ crimina# #iabi#it!, it is necessar! that
there be a com"#ete e"rivation o$ inte##i%ence in committin% the act, that he acts
wIo the #east iscernment an that there be com"#ete absence or e"rivation o$
the $reeom o$ the wi##.
Ener 5hi#i""ine .urisiction, there1s no e$inite test or criterion $or insanit!.
+owever, the e$inition o$ insanit! uner )ec 1049J o$ the Revise 3ministrative
&oe can be a""#ie. (n essence, it states that insanit! is evince b! a eran%e
an "erverte conition o$ the menta# $acu#ties, which is mani$este in #an%ua%e
or conuct. 3n insane "erson has no $u## an c#ear unerstanin% o$ the nature
an conse>uence o$ his act.
7vience o$ insanit! must re$er to the menta# conition at the ver! time o$ oin%
the act. +owever, it is a#so "ermissib#e to receive evience o$ his menta# conition
$or a reasonab#e "erio be$ore an a$ter the time o$ the act in >uestion. The
va%aries o$ the min can on#! be 2nown b! outwar acts.
(t is not usua# $or an insane "erson to con$ront a s"eci$ie "erson who ma! have
wron%e him. ,ut in the case at han, the accuse was ab#e to -rs. )i%ua. 'rom
this, it can be in$erre that the accuse was aware o$ his acts. This a#so
estab#ishe that the accuse has #uci interva#s.
-oreover, Dr. 7chave< testi$ie to the e$$ect that the a""e##ant cou# have been
aware o$ the nature o$ his act at the time he committe it when he shoute ?urin%
#aborator! e/amination@ that he 2i##e -rs. )i%ua. This statement ma2es it hi%h#!
oubt$u# that the accuse was insane when he committe the act.
The $act that the accuse was carr!in% an enve#o"e where he hi the $ata#
wea"on, that he ran awa! $rom the scene o$ the incient a$ter he stabbe the
victim severa# times, that he $#e to -ani#a to evae arrest, inicate that he was
conscious an 2new the conse>uences o$ his acts in stabbin% the victim. ?This
was ta2en $rom the T&1s ecision@.
=u%mentB >uestione ecision 3''(R-7D.
3
&ase o$ 5eo"#e o$ the Guevarra vs. 3#moovar
G.R.No. ;929: 2:=anuar!1989
.A!TS O. THE !ASE:
The 5etitioner =ohn 5hi#i" Guevarra, "etitione the court $or a s"ecia# civi# action
$or certiorari a%ainst the +on. =u%e (%nacio 3#moovar o$ the cit! court o$
Le%as"i. The "etitioner, then 11 !ears o# was tar%et shootin% with his best $rien
Teooro 3mine, =r. an three other chi#ren in the bac2!ar in the mornin% o$
296ctober1984. En$ortunate#!, Teooro was hit b! a "e##et on the #e$t co##ar bone,
wIc then cause his eath.
ISSUE O. THE !ASE:
&an an 11- !ear o# bo! be char%e wI the crime o$ homicie thru rec2#ess
im"ruenceH
- (ntent an iscernment are two i$$erent conce"ts. (ntent meansB a etermination
to o certain thin%s8 an aim8 the "ur"ose o$ the min, inc#uin% such 2now#e%e
as is essentia# to such intent. Discernment meansB the menta# ca"acit! to
unerstan the i$$erence between ri%ht an wron%
- 0hi#e the! ?intent an iscernment@ are "roucts o$ menta# "rocesses wIin a
"erson8 intent re$ers to the esire o$ one1s act ?active@ whi#e iscernment re$ers
to the mora# si%ni$icance that a "erson ascribes to an act ?"assive@
- -inors 9!rs to 19!rs are "resume to be without crimina# ca"acit!8 but this
"resum"tion ma! be rebutte i$ it cou# be "roven that the! were ca"ab#e o$
a""reciatin% the nature an crimina#it! o$ the act, that is, that ?the!@ acte wI
iscernment
- Discernment is embrace wIin the conce"t o$ inte##i%ence wIc is one o$ the
e#ements o$ a cu#"ab#e $e#on!, thus it is im"ortant that a minor 9!rs to be#ow 19
!rs o$ a%e to have acte wI iscernment to show that he acte wI inte##i%ence thus
bein% #iab#e $or the o$$ense uner 3rt 4:9 o$ the R.5&
HELD:
57T(T(6N D()-())7D '6R L3&K 6' -7R(T 3ND T+7 TR6 7''7&T(*7
1;)75T7-,7R198: () L('T7D. L7T (T ,7 R7-3ND7D T6 T+7 L607R
&6ERT '6R TR(3L 6N T+7 -7R(T). N6 &6)T).
'EO'LE O. THE 'HILI''INES vs. RI!HARD O. SAR!IA G.R. No. 169641
S()4(,-(5 10, 2009 LEONARDO-DE !ASTRO, J.:
6n automatic review is the ecision
1
ate =u#! 14, 2009 o$ the &ourt o$ 3""ea#s
?&3@ in &3-G.R. &R-+& No. 00;1; which a$$irme, with moi$ications, an ear#ier
ecision
2
o$ the Re%iona# Tria# &ourt ?RT&@ o$ Li%ao &it!, ,ranch 14, in &rimina#
&ase No. 4144, $inin% herein accuse-a""e##ant Richar 6. )arcia a#ias CNo%iC
%ui#t! be!on reasonab#e oubt o$ the crime o$ ra"e
4
committe a%ainst 333,
4
an sentence him to su$$er the "ena#t! o$ Rec#usion 5er"etua an to "a! the
amount o$ 590,000.00 as civi# inemnit!, 590,000.00 as mora# ama%es, an the
cost o$ the suit. +owever, the &3 moi$ie the "ena#ties im"ose b! the RT& b!
im"osin% the eath "ena#t!, increasin% the awar o$ civi# inemnit! to 5;9,000.00,
an awarin% 529,000.00 as e/em"#ar! ama%es, asie $rom the 590,000.00 $or
mora# ama%es.
The crime o$ ra"e was a##e%e#! committe sometime in 199: a%ainst 333, a $ive
?9@ !ear o# %ir#. 3$ter a#most $our ?4@ !ears, 3331s $ather $i#e a com"#aint
9
$or acts
o$ #asciviousness a%ainst herein accuse-a""e##ant on =u#! ;, 2000. E"on review
o$ the evience, the 6$$ice o$ the 5rovincia# 5rosecutor at Li%ao, 3#ba! u"%rae
the char%e to ra"e.
:
The (n$ormation
;
ate )e"tember 9, 2000 reasB
That sometime in 199: at ,aran%a! DoLa Tomasa, -unici"a#it! o$ Guinobatan,
5rovince o$ 3#ba!, 5hi#i""ines, an within the .urisiction o$ this +onorab#e &ourt,
the above-name accuse, with #ew an unchaste esi%n, an b! means o$
$orce, threats an intimiation, i then an there wi##$u##!, un#aw$u##! an
$e#onious#! have se/ua# intercourse with M333N, who was then : !ears o$ a%e,
a%ainst her wi## an consent, to her ama%e an "re.uice.
3&T) &6NTR3RO T6 L30.
3t his arrai%nment on 6ctober 29, 2000, accuse-a""e##ant, with the assistance o$
his counse#, entere a "#ea o$ not %ui#t!.
8
Therea$ter, tria# on the merits ensue.
The "rosecution "resente the ora# testimonies o$ the victim 3338 her minor
cousin8 her $ather8 an Dr. =oana -anat#ao, the -unici"a# +ea#th 6$$icer o$
Guinobatan, 3#ba!. The e$ense "resente the accuse-a""e##ant himse#$, who
vehement#! enie committin% the crimes im"ute to him an -anue# &asimiro,
&#er2 o$ &ourt (( o$ the -unici"a# Tria# &ourt at Guinobatan, 3#ba!.
6n =anuar! 1;, 2004, the tria# court renere its Decision
9
$inin% the accuse-
a""e##ant %ui#t! o$ the crime o$ ra"e an im"ose the "ena#t! mentione above.
The recor o$ this case was $orware to this &ourt in view o$ the Notice o$
3""ea# $i#e b! the accuse- a""e##ant.
10

3ccuse-a""e##ant $i#e his 3""e##ant1s ,rie$
11
on =u#! 19, 2004, whi#e the 5eo"#e,
throu%h the 6$$ice o$ the )o#icitor Genera#, $i#e its 3""e##ee1s ,rie$
12
on December
19, 2004.
5ursuant to our "ronouncement in 5eo"#e v. -ateo,
14
moi$!in% the "ertinent
"rovisions o$ the Revise Ru#es on &rimina# 5roceure inso$ar as the! "rovie $or
irect a""ea#s $rom the RT& to this &ourt in cases in which the "ena#t! im"ose
b! the tria# court is eath, rec#usion "er"etua or #i$e im"risonment, an the
Reso#ution ate )e"tember 19, 1999 in C(nterna# Ru#es o$ the )u"reme &ourt,C
the case was trans$erre, $or a""ro"riate action an is"osition, to the &3 where
it was oc2ete as &3-G.R. &R-+.&. No. 00;1;.
3s state at the be%innin% hereo$, the &3, in its ecision o$ =u#! 14, 2009, in &3-
G.R. &R-+.&. No. 000;1;, a$$irme with moi$ication the .u%ment o$ conviction
"ronounce b! the tria# court. 0e >uote the $a##o o$ the &3 ecisionB
0+7R7'6R7, the .u%ment o$ conviction is 3''(R-7D. The accuse, Richar
)arcia ! 6#ivera, is orere to su$$er the "ena#t! o$ D73T+, an to "a! the victim,
M333N, the amount o$ ?1@ 5;9,000.00 as civi# inemnit!8 ?2@ 590,000.00 as mora#
ama%es, an ?4@ 529,000.00 as e/em"#ar! ama%es.
Let the entire recors o$ this case be e#evate to the )u"reme &ourt $or review,
"ursuant to 3.-. No. 00-9-04-)& ?3menments to the Revise Ru#es o$ &rimina#
5roceure to Govern Death 5ena#t! &ases@, which too2 e$$ect on 6ctober 19,
2004.
)6 6RD7R7D.
6n )e"tember 40, 2009, the case was e#evate to this &ourt $or $urther review.
14

(n our Reso#ution
19
o$ November 19, 2009, we re>uire the "arties to
simu#taneous#! submit their res"ective su""#ementa# brie$s. 3ccuse-a""e##ant
$i#e his )u""#ementa# ,rie$
1:
on 3"ri# ;, 200:. +avin% $ai#e to submit one, the
6$$ice o$ the )o#icitor Genera# ?6)G@ was eeme to have waive the $i#in% o$ its
su""#ementa# brie$.
(n his ,rie$ $i#e be$ore the &3, accuse-a""e##ant raise the $o##owin% assi%nment
o$ errorsB
(
T+7 L607R &6ERT GR3*7LO 7RR7D (N G(*(NG &R7D7N&7 T6 T+7
T7)T(-6NO 6' M333N, Mher cousinN an Mher $atherN.
((
T+7 L607R &6ERT GL3R(NGLO 7RR7D (N R7=7&T(NG T+7 D7'7N)7 6'
3L(,( (NT7R56)7D ,O T+7 3&&E)7D 0+(&+ () -6R7 &R7D(,L7.
4
(((
T+7 L607R &6ERT GR3*7LO 7RR7D (N N6T 3&PE(TT(NG T+7 3&&E)7D
R(&+3RD )3R&(3.
The evience $or the "rosecution is summari<e b! the 6)G in the 3""e##eeAs
,rie$, as $o##owsB
6n December 1:, 199:, $ive-!ear-o# M333N, to%ether with her Mcousin an two
other "#a!matesN, was "#a!in% in the !ar o$ )a#in% &riso#o%o near a man%o tree.
)uen#!, a""e##ant a""eare an invite M333N to %o with him to the bac2!ar o$
)a#in% &riso#o%o1s house. )he a%ree. En2nown to a""e##ant, M3331s cousinN
$o##owe them.
E"on reachin% the "#ace, a""e##ant remove M3331sN shorts an unerwear. +e
a#so remove his trousers an brie$. Therea$ter, he orere M333N to #ie own on
her bac2. Then, he #a! on to" o$ her an inserte his "enis into M3331sN "rivate
or%an. 3""e##ant mae an u"-an-own movement ?CNa%a"aa"a tabiC@. M333N
$e#t severe "ain insie her "rivate "art an sai Cara!.C )he a#so $e#t an intense
"ain insie her stomach.
M3331s cousinN, who "ositione herse#$ aroun $ive ?9@ meters awa! $rom them,
witnesse a""e##ant1s astar#! act. +orri$ie, M3331s cousinN instinctive#! rushe
to the house o$ M3331sN mother, her aunt 7mi#!, an to# the #atter what she ha
seen. M3331sN mother answere that the! ?re$errin% to Q333 an her cousinR were
sti## ver! !oun% to be ta#2in% about such matters.
-eanwhi#e, a$ter satis$!in% his #ust, a""e##ant stoo u" an orere M333N to "ut
on her c#othes. 3""e##ant then #e$t.
5er"#e/e, M3331s cousinN immeiate#! returne to the bac2!ar o$ )a#in%
&riso#o%o where she $oun M333N cr!in%. 3""e##ant, however, was %one. M3331s
cousinN a""roache M333N an as2e her what a""e##ant ha one to her. 0hen
M333N i not answer, Mher cousinN i not as2 her an! $urther >uestion an .ust
accom"anie her home.
3t home, M333N i not te## her mother what a""e##ant ha one to her because
she $eare that her mother mi%ht s#a" her. Later, when her mother washe her
bo!, she $e#t a %ratin% sensation in her "rivate "art. Therea$ter, M333N ca##e $or
Mher cousinN. M3331s cousinN came to their house an to# M3331sN mother a%ain
that a""e##ant ha ear#ier mae an u"-an-own movement on to" o$ M333N.
M3331s motherN, however i not sa! an!thin%. 3t that time, M3331sN $ather was
wor2in% in -ani#a.
Dr. =oana -anat#oa is the -unici"a# +ea#th 6$$icer o$ Guinobatan, 3#ba!. )he
testi$ie thatB ?1@ it was the rura# hea#th o$$icer, Dr. Reantaso, who conucte a
"h!sica# e/amination on M333N8 ?2@ Dr. Reantaso "re"are an si%ne a meico-
#e%a# certi$icate containin% the resu#t o$ M333N1s e/amination8 ?4@ Dr. Reantaso,
however, ha a#rea! resi%ne as rura# hea#th o$$icer o$ Guinobatan, 3#ba!8 ?4@ as
a meica# octor, she can inter"ret, the $inin%s in sai meico-#e%a# certi$icate
issue to M333N8 ?9@ M333N1s meica# $inin%s are as $o##owsB Cne%ative $or introita#
vu#var #aceration nor scars, "er$orate h!men, com"#ete, "in2ish va%ina# mucosa,
va%ina# amits #itt#e $in%er with resistance8 ?:@ the $inin% Cne%ative $or introita#
bu#var #aceration nor scarsC means, in #a!man1s #an%ua%e, that there was no
showin% o$ an! scar or woun, an ?;@ there is a com"#ete "er$oration o$ the
h!men which means that it cou# have been sub.ecte to a certain trauma or
"ressure such as strenuous e/ercise or the entr! o$ an ob.ect #i2e a meica#
instrument or "enis.
1;
6n the other han, the tria# court summari<e the version o$ the e$ense as
$o##owsB
Richar )arcia, 24 !ears o#, sin%#e, stuent an a resient o$ DoLa Tomasa,
Guinobatan, 3#ba! enie he ra"e M333N. 0hi#e he 2nows M3331sN "arents,
because sometimes the! %o to their house #oo2in% $or his $ather to borrow mone!,
he oes not 2now M333N herse#$. +is $ather retire as a $ireman $rom &ris"a in
1991 whi#e his mother wor2e as an a%ricu#turist in the -unici"a#it! o$ Teresa,
3nti"o#o, Ri<a#. 3s an a%ricu#turist o$ the De"artment o$ 3%ricu#ture, his mother
wou# brin% see#in%s an atten seminars in ,atan%as an ,a%uio. The! were
resiin% in &ainta, Ri<a# when sometime in 1992 the! trans$erre resience to
Guinobatan, 3#ba!. +is $ather is $rom baran%a! -asarawa% whi#e his mother is
$rom baran%a! DoLa Tomasa both o$ Guinobatan, 3#ba!. 3$ter their trans$er in
Guinobatan, his mother continue to be an a%ricu#turist whi#e his $ather tene to
his 1-hectare coconut #an. Richar testi$ie he was between $ourteen ?14@ an
$i$teen ?19@ !ears o# in 1992 when the! trans$erre to Guinobatan. ,etween 1992
an 1994 he was out o$ schoo#. ,ut $rom 1994 to 1998 he too2 his hi%h schoo# at
-asarawa% +i%h )choo#. +is ai#! routine was at about 4B00 o1c#oc2 in the
a$ternoon a$ter schoo# be$ore "roceein% home he wou# usua##! "#a! bas2etba##
at the bas2etba## court near the church in DoLa Tomasa about 1 2i#ometer awa!
$rom their house. 0hen her mother su$$ere a stro2e in 1999 he an his $ather
too2 turns ta2in% care o$ his mother. Richar enie mo#estin% other %ir#s ... an
was most sur"rise when he was accuse o$ ra"in% M333N. +e 2nows )a#in%
&riso#o%o an the #atter1s "#ace which is more than ha#$ 2i#ometer to their house.
Richar c#aime )a#vacion ,obier, %ranmother o$ -ae &hristine &amu, whose
eath on -a! ;, 2000 was im"ute to him an $or which a case $or -urer uner
&rimina# &ase No. 408; was $i#e a%ainst him with the oci#e coo"eration o$
M3331sN "arents who are re#ate to )a#vacion, concocte an insti%ate M3331sN
ra"e char%e a%ainst him to ma2e the case $or -urer a%ainst him stron%er an
#i$e $or him miserab#e. +e was incarcerate on -a! 10, 2000 $or the -urer
char%e an two ?2@ months #ater whi#e he a#rea! in etention, the ra"e case
su""ose#! committe in 199: was $i#e a%ainst him in the -unici"a# Tria# &ourt
?-T&@ o$ Guinobatan, 3#ba!. +e was to #earn about it $rom his sister, -arivic, on a
)una! a$ternoon sometime on =u#! 20, 2000 when his sister visite him in .ai#.
+e natura##! %ot an%r! when he hear o$ this ra"e char%e because he i not o
such thin% an reca##e te##in% his sister the! can %o to a octor an have the chi#
e/amine to "rove he i not ra"e her. )ubse>uent#!, $rom his sister a%ain he was
to #earn that the ra"e case was orere ismisse.
6n cross-e/amination, Richar amitte M3331sN mother, is a#so re#ate to his
$ather, M333 mother1sN $ather, bein% a secon cousin o$ his $ather. Richar is
convince it is not the #enin% o$ mone! b! his $ather to the 3331s $ami#! as the
motive $or the #atter to $i#e the ra"e case a%ainst him but the insti%ation o$
)a#vacion ,obier.
-anue# 3. &asimiro, &#er2 o$ &ourt (( o$ the -unici"a# Tria# &ourt ?-T&@,
Guinobatan, 3#ba!, testi$ie on the recors o$ &rimina# &ase No. ;0;8 $i#e in
-T& Guinobatan, 3#ba! a%ainst Richar )arcia $or Ra"e in re#ation to R3 ;:10
re#ative to the a##e%e withrawa# o$ sai ra"e case but the accuse throu%h
counse# $ai#e to $orma##! o$$er the mar2e e/hibits re#ative to sai case.
18
3ccuse-a""e##ant a##e%es that the tria# court erre in convictin% him, as the
"rosecution was not ab#e to "rove his %ui#t be!on reasonab#e oubt. +e assai#e
the creibi#it! o$ the "rosecution witnesses, 333, her cousin an her $ather on the
$o##owin% %rounsB ?1@ the testimonies o$ 333 an her cousin were inconsistent
with each other8 ?2@ the victim was con$use as to the ate an time o$ the
commission o$ the o$$ense8 ?4@ there was a $our-!ear e#a! in $i#in% the crimina#
case, an the on#! reason wh! the! $i#e the sai case was Cto he#" )a#vacion
,obier %et a conviction o$ this same accuse in a murer case $i#e b! sai
)a#vacion ,obier $or the eath o$ her %ranau%hter -ae &hristine &amu on -a!
;, 2000.C 3ccuse-a""e##ant stresse that the same )a#vacion ,obier he#"e
3331s $ather in $i#in% the sai case $or ra"e. 3ccuse-a""e##ant a#so c#aime that
the "rosecution $ai#e to "rove that he em"#o!e $orce, threats or intimiation to
achieve his en. 'ina##!, accuse-a""e##ant har"e on the $inin% in the meica#
certi$icate issue b! Dr. Reantaso an inter"rete b! Dr. =oana -anat#ao, statin%
Cne%ative $or introita# bu#var #aceration nor scar which means that there was no
showin% o$ an! scar or woun.C
(n his 3""e##eeAs ,rie$ accuse-a""e##ant "ointe out the inconsistencies between
3331s an her cousin1s testimonies as $o##owsB ?1@ the cousin testi$ie that she
5
"#a!e with 333 at the time o$ the incient, whi#e 333 testi$ie that she was oin%
nothin% be$ore accuse-a""e##ant invite her to the bac2 o$ the house o$ a certain
)a#in%8 ?2@ the cousin testi$ie that when she saw accuse-a""e##ant oin% the
"ush-an-"u## motion whi#e on to" o$ 333, the #atter shoute in a #ou voice
contrar! to 3331s testimon! that when accuse-a""e##ant was insie her an
starte the u"-an-own motion, she sai Cara!C8 ?4@ when the cousin returne to
333 a$ter te##in% the #atter1s mother what accuse-a""e##ant ha one to 333, she
$oun 333 cr!in%. 333 however testi$ie that, a$ter "uttin% on her c#othes, she
invite the cousin to their house8 an ?4@ the cousin testi$ie that other chi#ren
were "#a!in% at the time o$ the incient, but 333 testi$ie that there were on#! $our
o$ them who were "#a!in% at that time.
3s it is o$t-re"eate, inconsistencies in the testimonies o$ witnesses, which re$er
on#! to minor etai#s an co##atera# matters, o not a$$ect the veracit! an wei%ht
o$ their testimonies where there is consistenc! in re#atin% the "rinci"a# occurrence
an the "ositive ienti$ication o$ the accuse. )#i%ht contraictions in $act even
serve to stren%then the creibi#it! o$ the witnesses an "rove that their
testimonies are not rehearse. Nor are such inconsistencies, an even
im"robabi#ities, unusua#, $or there is no "erson with "er$ect $acu#ties or senses.
19
The a##e%e inconsistencies in this case are too inconse>uentia# to overturn the
$inin%s o$ the court a >uo. (t is im"ortant that the two "rosecution witnesses were
one in sa!in% that it was accuse-a""e##ant who se/ua##! abuse 333. Their
"ositive, cani an strai%ht$orwar narrations o$ how 333 was se/ua##! abuse
b! accuse-a""e##ant evient#! eserve $u## $aith an creence. 0hen the ra"e
incient ha""ene, 333 was on#! $ive ?9@ !ears o#8 an when she an her cousin
testi$ie, the! were bare#! 9 an 11 !ears o#, res"ective#!. This &ourt has ha
occasion to ru#e that the a##e%e inconsistencies in the testimonies o$ the
witnesses can be e/"#aine b! their a%e an their ine/"erience with court
"roceein%s, an that even the most cani o$ witnesses commit mista2es an
ma2e con$use an inconsistent statements. This is es"ecia##! true o$ !oun%
witnesses, who cou# be overwhe#me b! the atmos"here o$ the courtroom.
+ence, there is more reason to accor them am"#e s"ace $or inaccurac!.
20
3ccuse-a""e##ant ca"ita#i<es on 3331s inabi#it! to reca## the e/act ate when the
incient in 199: was committe. 'ai#ure to reca## the e/act ate o$ the crime,
however, is not an inication o$ $a#se testimon!, $or even iscre"ancies re%arin%
e/act ates o$ ra"es are inconse>uentia# an immateria# an cannot iscreit the
creibi#it! o$ the victim as a witness.
21
(n 5eo"#e v. 5ura<o,
22
0e ru#eB
0e have ru#e, time an a%ain that the ate is not an essentia# e#ement o$ the
crime o$ ra"e, $or the %ravamen o$ the o$$ense is carna# 2now#e%e o$ a woman.
3s such, the time or "#ace o$ commission in ra"e cases nee not be accurate#!
state. 3s ear#! as 1908, we a#rea! he# that where the time or "#ace or an!
other $act a##e%e is not an essentia# e#ement o$ the crime char%e, conviction
ma! be ha on "roo$ o$ the commission o$ the crime, even i$ it a""ears that the
crime was not committe at the "recise time or "#ace a##e%e, or i$ the "roo$ $ai#s
to sustain the e/istence o$ some immateria# $act set out in the com"#aint, "rovie
it a""ears that the s"eci$ic crime char%e was in $act committe "rior to the ate
o$ the $i#in% o$ the com"#aint or in$ormation within the "erio o$ the statute o$
#imitations an at a "#ace within the .urisiction o$ the court.
3#so in 5eo"#e v. )a#a#ima,
24
the &ourt he#B
'ai#ure to s"eci$! the e/act ates or time when the ra"es occurre oes not i"so
$acto ma2e the in$ormation e$ective on its $ace. The reason is obvious. The
"recise ate or time when the victim was ra"e is not an e#ement o$ the o$$ense.
The %ravamen o$ the crime is the $act o$ carna# 2now#e%e uner an! o$ the
circumstances enumerate uner 3rtic#e 449 o$ the Revise 5ena# &oe. 3s #on%
as it is a##e%e that the o$$ense was committe at an! time as near to the actua#
ate when the o$$ense was committe an in$ormation is su$$icient. (n "revious
cases, we ru#e that a##e%ations that ra"es were committe Cbe$ore an unti#
6ctober 19, 1994,C Csometime in the !ear 1991 an the a!s therea$ter,C
Csometime in November 1999 an some occasions "rior anIor subse>uent
theretoC an Con or about an sometime in the !ear 1988C constitute su$$icient
com"#iance with )ection 11, Ru#e 110 o$ the Revise Ru#es on &rimina#
5roceure.
(n this case, 3331s ec#aration that the ra"e incient too2 "#ace on December 19,
199: was e/"#aine b! the tria# court, an we >uoteB
The ra"e too2 "#ace in 199:. 3s ear#ier note b! the &ourt the ate December 19,
199: mentione b! M333N ma! have been arbitrari#! chosen b! the #atter ue to
the intense cross-e/amination she was sub.ecte but the &ourt be#ieves it cou#
have been in an! month an ate in the !ear 199: as in $act neither the
in$ormation nor M3331sN sworn statement mention the month an ate but on#! the
!ear.
24
Li2ewise, witnesses1 creibi#it! is not a$$ecte b! the e#a! in the $i#in% o$ the case
a%ainst accuse-a""e##ant. Neither oes the e#a! bo#ster accuse-a""e##ant1s
c#aim that the on#! reason wh! this case was $i#e a%ainst him was Cto he#"
)a#vacion ,obier %et a conviction o$ this same accuse-a""e##ant in the case o$
murer $i#e b! )a#vacion ,obier $or the eath o$ her %ranau%hter -ae
&hristine &amu on -a! ;, 2000.C
The ra"e victim1s e#a! or hesitation in re"ortin% the crime oes not estro! the
truth o$ the char%e nor is it an inication o$ eceit. (t is common $or a ra"e victim to
"re$er si#ence $or $ear o$ her a%%ressor an the #ac2 o$ coura%e to $ace the "ub#ic
sti%ma o$ havin% been se/ua##! abuse. (n 5eo"#e v. &o#oma
29
we even
consiere an 8-!ear e#a! in re"ortin% the #on% histor! o$ ra"e b! the victim1s
$ather as unerstanab#e an not enou%h to rener increib#e the com"#aint o$ a
14-!ear-o# au%hter. Thus, in the absence o$ other circumstances that show that
the char%e was a mere concoction an im"e##e b! some i## motive, e#a! in the
$i#in% o$ the com"#ainant is not su$$icient to e$eat the char%e. +ere, the $ai#ure o$
3331s "arents to immeiate#! $i#e this case was su$$icient#! .usti$ie b! the
com"#ainant1s $ather in the #atter1s testimon!, thusB
P ,ut, i !ou not sa!, "#ease correct me i$ ( am wron%, !ou %ot an%r!
when !our wi$e to# !ou that somethin% ha""ene to +a<e# wa! bac2
in 199:H
3 Oes, sir.
P Oet, es"ite !our an%er !ou were te##in% us that !ou waite unti#
=une to $i#e this caseH
3 3$ter ( hear about the incient, ( an m! wi$e ha a ta#2 $or which
reason that urin% that time we ha no mone! !et to use in $i#in% the
case, so we waite. 0hen we were ab#e to save enou%h amounts, we
$i#e the case.
2:
3ccuse-a""e##ant a#so contens that he cou# not be #iab#e $or ra"e because
there is no "roo$ that he em"#o!e $orce, threats or intimiation in havin% carna#
2now#e%e o$ 333. 0here the %ir# is be#ow 12 !ears o#, as in this case, the on#!
sub.ect o$ in>uir! is whether Ccarna# 2now#e%eC too2 "#ace. 5roo$ o$ $orce,
intimiation or consent is unnecessar!, since none o$ these is an e#ement o$
statutor! ra"e. There is a conc#usive "resum"tion o$ absence o$ $ree consent
when the ra"e victim is be#ow the a%e o$ twe#ve.
2;
3ccuse-a""e##ant har"s on the meica# re"ort, "articu#ar#! the conc#usion >uote
as $o##owsB Cne%ative $or introita# bu#var #aceration nor scars, which means, in
#a!man #an%ua%e, that there was no showin% o$ an! scar or woun.C The &ourt
has consistent#! ru#e that the "resence o$ #acerations in the victim1s se/ua# or%an
is not necessar! to "rove the crime o$ ra"e an its absence oes not ne%ate the
$act o$ ra"e. 3 meica# re"ort is not inis"ensab#e in a "rosecution $or ra"e.
28
0hat is im"ortant is that 3331s testimon! meets the test o$ creibi#it!, an that is
su$$icient to convict the accuse.
3ccuse-a""e##ant1s e$ense o$ enia# was "ro"er#! re.ecte. Time an time
a%ain, we have ru#e that enia# #i2e a#ibi is the wea2est o$ a## e$enses, because
it is eas! to concoct an i$$icu#t to is"rove. 'urthermore, it cannot "revai# over
the "ositive an une>uivoca# ienti$ication o$ a""e##ant b! the o$$ene "art! an
other witnesses. &ate%orica# an consistent "ositive ienti$ication, absent an!
6
showin% o$ i## motive on the "art o$ the e!ewitness testi$!in% on the matter,
"revai#s over the a""e##ants1 e$ense o$ enia# an a#ibi.
29
The sha##ow h!"othesis
"ut $orwar b! accuse-a""e##ant that he was accuse o$ ra"in% 333 ue to the
insti%ation o$ )a#vacion ,obier har#! convinces this &ourt. 6n this score, the tria#
court a"t#! reache the $o##owin% conc#usionB
STrue, )a#vacion ,obier active#! assiste 3331s $ami#! $i#e the instant case
a%ainst the accuse, but the &ourt be#ieves M3331sN "arents $ina##! ecie to $i#e
the ra"e case because a$ter the! have come to rea#i<e a$ter what ha""ene to
-ae &hristine &amu that what "revious#! M333 an her cousinN to# her mother
an which the #atter ha continua##! i%nore is a$ter a## true.
333 was bare#! 9 !ears o$ a%e when she testi$ie. (t has been stresse o$ten
enou%h that the testimon! o$ ra"e victims who are !oun% an immature eserve
$u## creence. (t is im"robab#e $or a %ir# o$ com"#ainant1s a%e to $abricate a char%e
so humi#iatin% to herse#$ an her $ami#! ha she not been tru#! sub.ecte to the
"ain$u# e/"erience o$ se/ua# abuse. 3t an! rate, a %ir# o$ tener !ears, innocent
an %ui#e#ess, cannot be e/"ecte to bra<en#! im"ute a crime so serious as ra"e
to an! man i$ it were not true.
40
5arents wou# not sacri$ice their own au%hter, a
chi# o$ tener !ears at that, an sub.ect her to the ri%ors an humi#iation o$ "ub#ic
tria# $or ra"e, i$ the! were not motivate b! an honest esire to have their
au%hter1s trans%ressor "unishe accorin%#!.
41
+ence, the #o%ica# conc#usion is
that no such im"ro"er motive e/ists an that her testimon! is worth! o$ $u## $aith
an creence.
The %ui#t o$ accuse-a""e##ant havin% been estab#ishe be!on reasonab#e oubt,
we iscuss now the "ro"er "ena#t! to be im"ose on him.
3rtic#e 449 o$ the Revise 5ena# &oe, as amene b! Re"ub#ic 3ct No. ;:99,
42
was the %overnin% #aw at the time the accuse-a""e##ant committe the ra"e in
>uestion. Ener the sai #aw, the "ena#t! o$ eath sha## be im"ose when the
victim o$ ra"e is a chi# be#ow seven !ears o$ a%e. (n this case, as the a%e o$ 333,
who was $ive ?9@ !ears o# at the time the ra"e was committe, was a##e%e in the
in$ormation an "roven urin% tria# b! the "resentation o$ her birth certi$icate,
which showe her ate o$ birth as =anuar! 1:, 1991, the eath "ena#t! shou# be
im"ose.
+owever, this &ourt $ins %roun $or moi$!in% the "ena#t! im"ose b! the &3.
0e cannot a%ree with the &31s conc#usion that the accuse-a""e##ant cannot be
eeme a minor at the time o$ the commission o$ the o$$ense to entit#e him to the
"rivi#e%e miti%atin% circumstance o$ minorit! "ursuant to 3rtic#e :8?2@
44
o$ the
Revise 5ena# &oe. 0hen accuse a""e##ant testi$ie on -arch 14, 2002, he
amitte that he was 24 !ears o#, which means that in 199:, he was 18 !ears o$
a%e. 3s $oun b! the tria# court, the ra"e incient cou# have ta2en "#ace Cin an!
month an ate in the !ear 199:.C )ince the "rosecution was not ab#e to "rove
the e/act ate an time when the ra"e was committe, it is not certain that the
crime o$ ra"e was committe on or a$ter he reache 18 !ears o$ a%e in 199:. (n
assessin% the attenance o$ the miti%atin% circumstance o$ minorit!, a## oubts
shou# be reso#ve in $avor o$ the accuse, it bein% more bene$icia# to the #atter. (n
$act, in severa# cases, this &ourt has a""reciate this circumstance on the basis
o$ a #one ec#aration o$ the accuse re%arin% his a%e.
44

Ener 3rtic#e :8 o$ the Revise 5ena# &oe, when the o$$ener is a minor uner
18 !ears, the "ena#t! ne/t #ower than that "rescribe b! #aw sha## be im"ose, but
a#wa!s in the "ro"er "erio. +owever, $or "ur"oses o$ eterminin% the "ro"er
"ena#t! because o$ the "rivi#e%e miti%atin% circumstance o$ minorit!, the "ena#t!
o$ eath is sti## the "ena#t! to be rec2one with.
49
Thus, the "ro"er im"osab#e
"ena#t! $or the accuse-a""e##ant is rec#usion "er"etua.
(t is note that the &ourt is %rante iscretion in awarin% ama%es "rovie in
the &ivi# &oe, in case a crime is committe. )"eci$ica##!, 3rtic#e 2204 o$ the &ivi#
&oe "rovies that Cin crimes, the ama%es to be a.uicate ma! be
res"ective#! increase or #essene accorin% to the a%%ravatin% or miti%atin%
circumstances.C The issue now is whether the awar o$ ama%es shou# be
reuce in view o$ the "resence here o$ the "rivi#e%e miti%atin% circumstance o$
minorit! o$ the accuse at the time o$ the commission o$ the o$$ense.
3 review o$ the nature an "ur"ose o$ the ama%es im"ose on the convicte
o$$ener is in orer. 3rtic#e 10; o$ the Revise 5ena# &oe e$ines the term
Cinemni$ication,C which is inc#ue in the civi# #iabi#it! "rescribe b! 3rtic#e 104 o$
the same &oe, as $o##owsB
3rt. 10;. (nemni$ication-0hat is inc#ue. T (nemni$ication $or conse>uentia#
ama%es sha## inc#ue not on#! those cause the in.ure "art!, but a#so those
su$$ere b! his $ami#! or b! a thir "erson b! reason o$ the crime.
Re#ative to civi# inemnit!, 5eo"#e v. *ictor
4:
ratiocinate as $o##owsB
The #ower court, however, erre in cate%ori<in% the awar o$ 590,000.00 to the
o$$ene "art! as bein% in the nature o$ mora# ama%es. 0e have hereto$ore
e/"#aine in 5eo"#e v. Gementi<a that the inemnit! authori<e b! our crimina#
#aw as civi# #iabi#it! e/ e#icto $or the o$$ene "art!, in the amount authori<e b!
the "revai#in% .uicia# "o#ic! an asie $rom other "roven actua# ama%es, is itse#$
e>uiva#ent to actua# or com"ensator! ama%es in civi# #aw. (t is not to be
consiere as mora# ama%es thereuner, the #atter bein% base on i$$erent .ura#
$ounations an assesse b! the court in the e/ercise o$ soun iscretion.
6ne other "oint o$ concern has to be aresse. (nictments $or ra"e continue
unabate an the #e%is#ative res"onse has been in the $orm o$ hi%her "ena#ties.
The &ourt be#ieves that, on #i2e consierations, the .uris"ruentia# "ath on the civi#
as"ect shou# $o##ow the same irection. +ence, startin% with the case at bar, i$
the crime o$ ra"e is committe or e$$ective#! >ua#i$ie b! an! o$ the circumstances
uner which the eath "ena#t! is authori<e b! the "resent amene #aw, the
inemnit! $or the victim sha## be in the increase amount o$ not #ess than
5;9,000.00. This is not on#! a reaction to the a"athetic societa# "erce"tion o$ the
"ena# #aw, an the $inancia# $#uctuations over time, but a#so an e/"ression o$ the
is"#easure o$ the &ourt over the incience o$ heinous crimes a%ainst chastit!.
?7m"hasis )u""#ie@
The &ourt has ha the occasion to ru#e that mora# ama%es are #i2ewise
com"ensator! in nature. (n )an 3nres v. &ourt o$ 3""ea#s,
4;
we he#B
/ / / -ora# ama%es, thou%h inca"ab#e o$ "ecuniar! estimation, are in the
cate%or! o$ an awar esi%ne to com"ensate the c#aimant $or actua# in.ur!
su$$ere an not to im"ose a "ena#t! on the wron%oer. ?7m"hasis )u""#ie@
(n another case, this &ourt a#so e/"#aineB
0hat we ca## mora# ama%es are treate in 3merican .uris"ruence as
com"ensator! ama%es aware $or menta# "ain an su$$erin% or menta# an%uish
resu#tin% $rom a wron% ?29 &.=.). 819@.
48
?7m"hasis )u""#ie@
Thus, accorin% to #aw an .uris"ruence, civi# inemnit! is in the nature o$ actua#
an com"ensator! ama%es $or the in.ur! cause to the o$$ene "art! an that
su$$ere b! her $ami#!, an mora# ama%es are #i2ewise com"ensator! in nature.
The $act o$ minorit! o$ the o$$ener at the time o$ the commission o$ the o$$ense
has no bearin% on the %ravit! an e/tent o$ in.ur! cause to the victim an her
$ami#!, "articu#ar#! consierin% the circumstances attenin% this case. +ere, the
accuse-a""e#ant cou# have been ei%hteen at the time o$ the commission o$ the
ra"e. +e was accore the bene$it o$ the "rivi#e%e miti%atin% circumstance o$
minorit! because o$ a #ac2 o$ "roo$ re%arin% his actua# a%e an the ate o$ the
ra"e rather than a mora# or evientiar! certaint! o$ his minorit!.
(n an! event, notwithstanin% the "resence o$ the "rivi#e%e miti%atin%
circumstance o$ minorit!, which warrants the #owerin% o$ the "ub#ic "ena#t! b! one
e%ree, there is no .usti$iab#e %roun to e"art $rom the .uris"ruentia# tren in the
awar o$ ama%es in the case o$ >ua#i$ie ra"e, consierin% the com"ensator!
nature o$ the awar o$ civi# inemnit! an mora# ama%es. This was the same
stance this &ourt too2 in 5eo"#e v. &ane#ario,
49
a case ecie on =u#! 28, 1999,
which i not reuce the awar o$ ama%es. 3t that time, the ama%es amounte
to 5;9,000.00 $or civi# inemnit! an 590,000.00 $or mora# ama%es, even i$ the
7
"ub#ic "ena#t! im"ose on the accuse was #owere b! one e%ree, because o$
the "resence o$ the "rivi#e%e miti%atin% circumstance o$ minorit!.
The "rinci"a# consieration $or the awar o$ ama%es, uner the ru#in% in 5eo"#e
v. )a#ome
40
an 5eo"#e v. Puiachon
41
is the "ena#t! "rovie b! #aw or im"osab#e
$or the o$$ense because o$ its heinousness, not the "ub#ic "ena#t! actua##!
im"ose on the o$$ener.
Re%arin% the civi# inemnit! an mora# ama%es, 5eo"#e v. )a#ome e/"#aine
the basis $or increasin% the amount o$ sai civi# ama%es as $o##owsB
The &ourt, #i2ewise, a$$irms the civi# inemnit! aware b! the &ourt o$ 3""ea#s to
)a##! in accorance with the ru#in% in 5eo"#e v. )ambrano which statesB
C3s to ama%es, we have he# that i$ the ra"e is "er"etrate with an! o$ the
attenin% >ua#i$!in% circumstances that re>uire the im"osition o$ the eath
"ena#t!, the civi# inemnit! $or the victim sha## 5;9,000.00 S 3#so, in ra"e cases,
mora# ama%es are aware without the nee "roo$ other than the $act o$ ra"e
because it is assume that the victim has su$$ere mora# in.uries entit#in% her to
such an awar. +owever, the tria# court1s awar o$ 590,000.00 as mora# ama%es
shou# a#so be increase to 5;9,000 "ursuant to current .uris"ruence on
>ua#i$ie ra"e.C
(t shou# be note that whi#e the new #aw "rohibits the im"osition o$ the eath
"ena#t!, the "ena#t! "rovie $or b! #aw $or a heinous o$$ense is sti## eath an the
o$$ense is sti## heinous. &onse>uent#!, the civi# inemnit! $or the victim is sti##
5;9,000.00.
5eo"#e v. Puiachon a#so ratiocinates as $o##owsB
0ith res"ect to the awar o$ ama%es, the a""e##ate court, $o##owin% "revai#in%
.uris"ruence, correct#! aware the $o##owin% amounts8 5;9,000.00 as civi#
inemnit! which is aware i$ the crime is >ua#i$ie b! circumstances warrantin%
the im"osition o$ the eath "ena#t!8 5;9,000.00.00 as mora# ama%es because
the victim is assume to have su$$ere mora# in.uries, hence, entit#in% her to an
awar o$ mora# ama%es even without "roo$ thereo$, / / /
7ven i$ the "ena#t! o$ eath is not to be im"ose on the a""e##ant because o$ the
"rohibition in R.3. No. 944:, the civi# inemnit! o$ 5;9,000.00 is sti## "ro"er
because, $o##owin% the ratiocination in 5eo"#e v. *ictor, the sai awar is not
e"enent on the actua# im"osition o$ the eath "ena#t! but on the $act that
>ua#i$!in% circumstances warrantin% the im"osition o$ the eath "ena#t! attene
the commission o$ the o$$ense. The &ourt ec#are that the awar o$ 5;9,000.00
shows Cnot on#! a reaction to the a"athetic societa# "erce"tion o$ the "ena# #aw
an the $inancia# $#uctuations over time but a#so the e/"ression o$ the is"#easure
o$ the court o$ the incience o$ heinous crimes a%ainst chastit!.C
The #itmus test there$ore, in the etermination o$ the civi# inemnit! is the heinous
character o$ the crime committe, which wou# have warrante the im"osition o$
the eath "ena#t!, re%ar#ess o$ whether the "ena#t! actua##! im"ose is reuce
to rec#usion "er"etua.
3s to the awar o$ e/em"#ar! ama%es, 3rtic#e 2229 o$ the &ivi# &oe "rovies
that e/em"#ar! or corrective ama%es are im"ose in aition to the mora#,
tem"erate, #i>uiate or com"ensator! ama%es. 7/em"#ar! ama%es are not
recoverab#e as a matter o$ ri%ht. The re>uirements o$ an awar o$ e/em"#ar!
ama%ees areB ?1@ the! ma! be im"ose b! wa! o$ e/am"#e in aition to
com"ensator! ama%es, an on#! a$ter the c#aimant1s ri%ht to them has been
estab#ishe8 ?2@ the! cannot be recovere as a matter o$ ri%ht, their etermination
e"enin% u"on the amount o$ com"ensator! ama%es that ma! be aware to
the c#aimant8 ?4@ the act must be accom"anie b! ba $aith or one in a wanton,
$rauu#ent, o""ressive or ma#evo#ent manner.
42
)ince the com"ensator!
ama%es, such as the civi# inemnit! an mora# ama%es, are increase when
>ua#i$ie ra"e is committe, the e/em"#ar! ama%es shou# #i2ewise be increase
in accorance with "revai#in% .uris"ruence.
44

(n sum, the increase amount o$ 5;9,000.00 each as civi# inemnit! an mora#
ama%es shou# be maintaine. (t is a#so "ro"er an a""ro"riate that the awar o$
e/em"#ar! ama%es be #i2ewise increase to the amount o$ 540,000.00 base on
the #atest .uris"ruence on the awar o$ ama%es on >ua#i$ie ra"e. Thus, the &3
correct#! aware 5;9,000.00 as civi# inemnit!. +owever the awar o$
590,000.00 as mora# ama%es is increase to 5;9,000.00
44
an that o$
529,000.00 as e/em"#ar! ama%es is #i2ewise increase to 540,000.00.
49

-eanwhi#e, when accuse-a""e##ant was etaine at the New ,i#ibi 5rison
"enin% the outcome o$ his a""ea# be$ore this &ourt, Re"ub#ic 3ct ?R.3.@ No.
9444, the =uveni#e =ustice an 0e#$are 3ct o$ 200: too2 e$$ect on -a! 20, 200:.
The RT& ecision an &3 ecision were "romu#%ate on =anuar! 1;, 2004 an
=u#! 14, 2009, res"ective#!. The "romu#%ation o$ the sentence o$ conviction o$
accuse-a""e##ant hane own b! the RT& was not sus"ene as he was about
29 !ears o$ a%e at that time, in accorance with 3rtic#e 192 o$ 5resientia# Decree
?5.D.@ No. :04, The &hi# an Oouth 0e#$are &oe
4:
an )ection 42 o$ 3.-. No.
02-1-18-)&, the Ru#e on =uveni#es in &on$#ict with the Law.
4;
3ccuse-a""e##ant is
now a""ro/imate#! 41 !ears o$ a%e. +e was "revious#! etaine at the 3#ba!
5rovincia# =ai# at Le%as"i &it! an trans$erre to the New ,i#ibi 5rison,
-untin#u"a &it! on 6ctober 14, 2004.
R.3. No. 9444 "rovies $or its retroactive a""#ication as $o##owsB
)ec. :8. &hi#ren 0ho +ave ,een &onvicte an are )ervin% )entence. T
5ersons who have been convicte an are servin% sentence at the time o$ the
e$$ectivit! o$ this 3ct, an who were be#ow the a%e o$ ei%hteen ?18@ !ears at the
time o$ the commission o$ the o$$ense $or which the! were convicte an are
servin% sentence, sha## #i2ewise bene$it $rom the retroactive a""#ication o$ this 3ct.
/ / /
The a$ore>uote "rovision a##ows the retroactive a""#ication o$ the 3ct to those
who have been convicte an are servin% sentence at the time o$ the e$$ectivit! o$
this sai 3ct, an who were be#ow the a%e o$ 18 !ears at the time o$ the
commission o$ the o$$ense. 0ith more reason, the 3ct shou# a""#! to this case
wherein the conviction b! the #ower court is sti## uner review. +ence, it is
necessar! to e/amine which "rovisions o$ R.3. No. 9444 sha## a""#! to accuse-
a""e##ant, who was be#ow 18 !ears o# at the time o$ the commission o$ the
o$$ense.
)ec. 48 o$ R.3. No. 9444 "rovies $or the automatic sus"ension o$ sentence o$ a
chi# in con$#ict with the #aw, even i$ heIshe is a#rea! 18 !ears o$ a%e or more at
the time heIshe is $oun %ui#t! o$ the o$$ense char%e. (t reasB
)ec. 48. 3utomatic )us"ension o$ )entence. T 6nce the chi# who is uner
ei%hteen ?18@ !ears o$ a%e at the time o$ the commission o$ the o$$ense is $oun
%ui#t! o$ the o$$ense char%e, the court sha## etermine an ascertain an! civi#
#iabi#it! which ma! have resu#te $rom the o$$ense committe. +owever, instea o$
"ronouncin% the .u%ment o$ conviction, the court sha## "#ace the chi# in con$#ict
with the #aw uner sus"ene sentence, without nee o$ a""#icationB 5rovie,
however, That sus"ension o$ sentence sha## sti## be a""#ie even i$ the .uveni#e is
a#rea! ei%hteen ?18@ o$ a%e or more at the time o$ the "ronouncement o$ hisIher
%ui#t.
E"on sus"ension o$ sentence an a$ter consierin% the various circumstances o$
the chi#, the court sha## im"ose the a""ro"riate is"osition measures as "rovie
in the )u"reme &ourt on =uveni#e in &on$#ict with the Law.
The above->uote "rovision ma2es no istinction as to the nature o$ the o$$ense
committe b! the chi# in con$#ict with the #aw, un#i2e 5.D. No. :04 an 3.-. No.
02-1-18-)&.
48
The sai 5.D. an )u"reme &ourt ?)&@ Ru#e "rovie that the
bene$it o$ sus"ene sentence wou# not a""#! to a chi# in con$#ict with the #aw i$,
amon% others, heIshe has been convicte o$ an o$$ense "unishab#e b! eath,
rec#usion "er"etua or #i$e im"risonment. (n construin% )ec. 48 o$ R.3. No. 9444,
the &ourt is %uie b! the basic "rinci"#e o$ statutor! construction that when the
#aw oes not istin%uish, we shou# not istin%uish.
49
)ince R.3. No. 9444 oes
not istin%uish between a minor who has been convicte o$ a ca"ita# o$$ense an
8
another who has been convicte o$ a #esser o$$ense, the &ourt shou# a#so not
istin%uish an shou# a""#! the automatic sus"ension o$ sentence to a chi# in
con$#ict with the #aw who has been $oun %ui#t! o$ a heinous crime.
-oreover, the #e%is#ative intent, to a""#! to heinous crimes the automatic
sus"ension o$ sentence o$ a chi# in con$#ict with the #aw can be %#eane $rom the
)enate e#iberations
90
on )enate ,i## No. 1402 ?=uveni#e =ustice an De#in>uenc!
5revention 3ct o$ 2009@, the "ertinent "ortion o$ which is >uote be#owB
($ a mature minor, ma!be 1: !ears o# to be#ow 18 !ears o# is char%e, accuse
with, or ma! have committe a serious o$$ense, an ma! have acte with
iscernment, then the chi# cou# be recommene b! the De"artment o$ )ocia#
0e#$are an Deve#o"ment ?D)0D@, b! the Loca# &ounci# $or the 5rotection o$
&hi#ren ?L&5&@, or b! m! "ro"ose 6$$ice o$ =uveni#e 0e#$are an Restoration to
%o throu%h a .uicia# "roceein%8 but the we#$are, best interests, an restoration o$
the chi# shou# sti## be a "rimoria# or "rimar! consieration. 7ven in heinous
crimes, the intention shou# sti## be the chi#1s restoration, rehabi#itation an
reinte%ration. /// ?(ta#ics su""#ie@1avvphi1
Nonethe#ess, whi#e )ec. 48 o$ R.3. No. 9444 "rovies that sus"ension o$
sentence can sti## be a""#ie even i$ the chi# in con$#ict with the #aw is a#rea!
ei%hteen ?18@ !ears o$ a%e or more at the time o$ the "ronouncement o$ hisIher
%ui#t, )ec. 40 o$ the same #aw #imits the sai sus"ension o$ sentence unti# the sai
chi# reaches the ma/imum a%e o$ 21, thusB
)ec. 40. Return o$ the &hi# in &on$#ict with the Law to &ourt. T ($ the court $ins
that the ob.ective o$ the is"osition measures im"ose u"on the chi# in con$#ict
with the #aw have not been $u#$i##e, or i$ the chi# in con$#ict with the #aw has
wi##$u##! $ai#e to com"#! with the conition o$ hisIher is"osition or rehabi#itation
"ro%ram, the chi# in con$#ict with the #aw sha## be brou%ht be$ore the court $or
e/ecution o$ .u%ment.
($ sai chi# in con$#ict with the #aw has reache ei%hteen ?18@ !ears o$ a%e whi#e
uner sus"ene sentence, the court sha## etermine whether to ischar%e the
chi# in accorance with this 3ct, to orer e/ecution o$ sentence, or to e/ten the
sus"ene sentence $or a certain s"eci$ie "erio or unti# the chi# reaches the
ma/imum a%e o$ twent!-one ?21@ !ears. ?em"hasis ours@
To ate, accuse-a""e##ant is about 41 !ears o$ a%e, an the .u%ment o$ the
RT& ha been "romu#%ate, even be$ore the e$$ectivit! o$ R.3. No. 9444. Thus,
the a""#ication o$ )ecs. 48 an 40 to the sus"ension o$ sentence is now moot an
acaemic.
91
+owever, accuse-a""e##ant sha## be entit#e to a""ro"riate
is"osition uner )ec. 91 o$ R.3. No. 9444, which "rovies $or the con$inement o$
convicte chi#ren as $o##owsB
)ec. 91. &on$inement o$ &onvicte &hi#ren in 3%ricu#tura# &am"s an 6ther
Trainin% 'aci#ities. T 3 chi# in con$#ict with the #aw ma!, a$ter conviction an u"on
orer o$ the court, be mae to serve hisIher sentence, in #ieu o$ con$inement in a
re%u#ar "ena# institution, in an a%ricu#tura# cam" an other trainin% $aci#ities that
ma! be estab#ishe, maintaine, su"ervise an contro##e b! the ,E&6R, in
coorination with the D)0D.
The civi# #iabi#it! resu#tin% $rom the commission o$ the o$$ense is not a$$ecte b!
the a""ro"riate is"osition measures an sha## be en$orce in accorance with
#aw.
92
0+7R7'6R7, the ecision o$ the &3 ate =u#! 14, 2009 in &3-G.R. &R-+.&.
No. 00;1; is hereb! 3''(R-7D with the $o##owin% -6D('(&3T(6N)B ?1@ the
"ena#t! o$ eath im"ose on accuse-a""e##ant is reuce to rec#usion
"er"etua8
94
an ?2@ accuse-a""e##ant is orere to "a! the victim the amount o$
5;9,000.00 an 540,000.00 as mora# ama%es an e/em"#ar! ama%es,
res"ective#!. The awar o$ civi# inemnit! in the amount o$ 5;9,000.00 is
maintaine. +owever, the case sha## be R7-3ND7D to the court a >uo $or
a""ro"riate is"osition in accorance with )ec. 91 o$ R.3. 9444.
'EO'LE O. THE 'HILI''INES vs. ALLEN UDTOJAN "ANTALA&A, G.R. No.
106226 July 20, 2011 'ERALTA, J.:
'or this &ourtAs consieration is the Decision
1
ate =u#! 41, 2008 o$ the &ourt o$
3""ea#s ?&3@ in &3-G.R. &R-+.&. No. 00240--(N, a$$irmin% the 6mnibus
=u%ment
2
ate )e"tember 14, 2009, o$ the Re%iona# Tria# &ourt, ,ranch 1,
,utuan &it! in &rimina# &ase No. 10290 an &rimina# &ase No. 10291, $inin%
a""e##ant 3##en Eto.an -anta#aba, %ui#t! be!on reasonab#e oubt o$ vio#ation o$
)ections 9 an 11, 3rtic#e (( o$ Re"ub#ic 3ct ?R3@ 91:9.
The $acts, as cu##e $rom the recors, are the $o##owin%B
The Tas2 'orce Re%iona# 3nti-&rime 7mer%enc! Res"onse ?R3&7R@ in ,utuan
&it! receive a re"ort $rom an in$ormer that a certain 3##en -anta#aba, who was
seventeen ?1;@ !ears o# at the time, was se##in% shabu at 5uro2 4, ,aran%a! 4,
3%ao District, ,utuan &it!. Thus, a bu!-bust team was or%ani<e, com"ose o$
561 Ran! 5a.o, 561 7ric )imon an two ?2@ "oseur-bu!ers who were "rovie
with two ?2@ "ieces o$ 5100 mar2e bi##s to be use in the "urchase.
3roun ; oAc#oc2 in the evenin% o$ 6ctober 1, 2004, the team, arme with the
mar2e mone!, "roceee to 5uro2 4, ,aran%a! 4, 3%ao District, ,utuan &it! $or
the bu!-bust o"eration. The two "oseur-bu!ers a""roache 3##en who was sittin%
at a corner an sai to be in the act o$ se##in% shabu. 561 5a.o saw the "oseur-
bu!ers an a""e##ant ta#2in% to each other. 3$terwars, the a""e##ant hane a
sachet o$ shabu to one o$ the "oseur-bu!ers an the #atter %ave the mar2e
mone! to the a""e##ant. The "oseur-bu!ers went bac2 to the "o#ice o$$icers an
to# them that the transaction has been com"#ete. 5o#ice o$$icers 5a.o an )imon
rushe to the "#ace an hancu$$e the a""e##ant as he was #eavin% the "#ace.
The "o#ice o$$icers, sti## in the area o$ o"eration an in the "resence o$ baran%a!
o$$icia#s Richar ). Tano! an Gresi#a ,. Tuma#a, searche the a""e##ant an
$oun a bi% sachet o$ shabu. 561 )imon a#so "ointe to the baran%a! o$$icia#s the
mar2e mone!, two "ieces o$ 5100 bi##, thrown b! the a""e##ant on the %roun.
3$ter the o"eration, an in the "resence o$ the same baran%a! o$$icia#s, the "o#ice
o$$icers mae an inventor! o$ the items recovere $rom the a""e##ant which areB
?1@ one bi% sachet o$ shabu which the! mar2e as R-5-1-10-01-048 ?2@ one sma##
sachet o$ shabu which the! mar2e as R-5 2-10-01-048 an ?4@ two ?2@ "ieces o$
one hunre "esos mar2e mone! an a $i$t! "eso ?590@ bi##. Therea$ter, a #etter-
re>uest was "re"are b! (ns"ector 'erinan ,. Daci##o $or the #aborator!
e/amination o$ the two ?2@ sachets containin% a cr!sta##ine substance, u#tra-vio#et
e/amination on the "erson o$ the a""e##ant as we## as the two ?2@ "ieces o$ one
hunre "esos mar2e mone!. The re>uest was brou%ht b! 561 5a.o an
"ersona##! receive b! 5o#ice (ns"ector *ir%inia )ison-Gucor, 'orensic &hemica#
6$$icer o$ the Re%iona# &rime Laborator! 6$$ice U(( ,utuan &it!, who immeiate#!
conucte the e/amination. The #aborator! e/amination revea#e that the
a""e##ant teste "ositive $or the "resence o$ bri%ht oran%e u#tra-vio#et $#uorescent
"ower8 an the cr!sta##ine substance containe in two sachets, se"arate#!
mar2e as R-5-1-10-01-04 an R-5-2-10-01-04, were "ositive#! ienti$ie as
metham"hetamine h!roch#orie.
Therea$ter, two se"arate (n$ormations were $i#e be$ore the RT& o$ ,utuan &it!
a%ainst a""e##ant $or vio#ation o$ )ections 9 an 11 o$ R3 91:9, statin% the
$o##owin%B
&rimina# &ase No. 10290
That on or about the evenin% o$ 6ctober 1, 1004 at 5uro2 4, ,aran%a! 4, 3%ao,
,utuan &it!, 5hi#i""ines an within the .urisiction o$ this +onorab#e &ourt, the
above-name accuse, without authorit! o$ #aw, i then an there wi##$u##!,
un#aw$u##!, an $e#onious#! se## <ero "oint <ero $our one two ?0.0412@ %rams o$
metham"hetamine h!roch#orie, otherwise 2nown as shabu which is a
an%erous ru%.
&6NTR3RO T6 L30 B ?*io#ation o$ )ec. 9, 3rt. (( o$ R.3. No. 91:9@.
4
9
&rimina# &ase No. 10291
That on or about the evenin% o$ 6ctober 1, 2004 at 5uro2 4, ,aran%a! 4, 3%ao,
,utuan &it!, 5hi#i""ines an within the .urisiction o$ this +onorab#e &ourt, the
above-name accuse, without authorit! o$ #aw, i then an there wi##$u##!,
un#aw$u##! an $e#onious#! "ossess <ero "oint si/ one three one ?0.:141@ %rams o$
metham"hetamine h!roch#orie, otherwise 2nown as shabu, which is a
an%erous ru%.
&6NTR3RO T6 L30B ?*io#ation o$ )ection 11, 3rt. (( o$ R.3. No. 91:9@.
4
7ventua##!, the cases were conso#iate an trie .oint#!.
3""e##ant "#eae N6T GE(LTO to the char%es a%ainst him. Therea$ter, tria# on
the merits ensue.
(n its 6mnibus =u%ment
9
ate )e"tember 14, 2009, the RT& $oun the
a""e##ant %ui#t! be!on reasonab#e oubt o$ the o$$ense char%e, the is"ositive
"ortion o$ which, reasB
0+7R7'6R7, the &ourt hereb! $ins accuse 3##en -anta#aba ! Eto.an
GE(LTO be!on reasonab#e oubt in &rimina# &ase No. 10290 $or se##in% shabu,
a an%erous ru%, as e$ine an "ena#i<e uner )ection 9, 3rtic#e (( o$ Re"ub#ic
3ct No. 91:9. 3s "rovie $or in )ec. 98 o$ R.3. 91:9, where the o$$ener is a
minor, the "ena#t! $or acts "unishab#e b! #i$e im"risonment to eath sha## be
rec#usion "er"etua to eath. 3s such, 3##en -anta#aba ! Eto.an is hereb!
sentence to R7&LE)(6N 57R57TE3 an to "a! a $ine o$ 'ive +unre
Thousan 5esos ?5900,000.00@.
(n &rimina# &ase No. 10291, the &ourt #i2ewise $ins accuse 3##en -anta#aba !
Eto.an GE(LTO be!on reasonab#e oubt $or i##e%a##! "ossessin% shabu, a
an%erous ru%, wei%hin% 0.:141 %ram as e$ine an "ena#i<e uner )ection
11, 3rtic#e (( o$ Re"ub#ic 3ct No. 91:9 an accuse bein% a minor at the time o$
the commission o$ the o$$ense, a$ter a""#!in% the (neterminate )entence Law, he
is accorin%#! sentence to si/ ?:@ !ears an one ?1@ a!, as minimum, to ei%ht
?8@ !ears, as ma/imum o$ "rision ma!or an to "a! a $ine o$ Three +unre
Thousan 5esos ?5400,000.00@.
)6 6RD7R7D.
:
The &3 a$$irme in toto the ecision o$ the RT&. (t is"ose o$ the case as
$o##owsB
0+7R7'6R7, the Decision o$ the Re%iona# Tria# &ourt, ,ranch 1, ,utuan &it!
ate )e"tember 14, 2009 a""ea#e $rom $inin% the accuse-a""e##ant 3##en
Eto.an -anta#aba %ui#t! be!on reasonab#e oubt with the crime o$ *io#ation o$
)ection 9 an )ection 11, 3rtic#e (( o$ Re"ub#ic 3ct 91:9, otherwise 2nown as the
&om"rehensive Dan%erous Dru%s 3ct, is 3''(R-7D in toto, with costs a%ainst
accuse-a""e##ant.
)6 6RD7R7D.
;
Thus, the "resent a""ea#.
3""e##ant states the #one ar%ument that the #ower court %rave#! erre in convictin%
him o$ the crime char%e es"ite $ai#ure o$ the "rosecution to "rove his %ui#t
be!on reasonab#e oubt.
3ccorin% to a""e##ant, there was no evience o$ actua# sa#e between him an the
"oseur-bu!er. +e a#so ar%ues that the chain o$ custo! o$ the sei<e shabu was
not estab#ishe. 'ina##!, he asserts that an accuse shou# be "resume innocent
an that the buren o$ "roo$ is on the "rosecution.
The "etition is unmeritorious.
3""e##ant insists that the "rosecution i not "resent an! evience that an actua#
sa#e too2 "#ace. +owever, base on the testimon! o$ 561 Ran! 5a.o, there is no
oubt that the bu!-bust o"eration was success$u##! conucte, thusB
The above on#! con$irms that the bu!-bust o"eration rea##! occurre. 6nce a%ain,
this &ourt stresses that a bu!-bust o"eration is a #e%a##! e$$ective an "roven
"roceure, sanctione b! #aw, $or a""rehenin% ru% "e#ers an istributors.
11
(t is o$ten uti#i<e b! #aw en$orcers $or the "ur"ose o$ tra""in% an ca"turin%
#awbrea2ers in the e/ecution o$ their ne$arious activities.
12
(n 5eo"#e v. Roa,
14
this
&ourt ha the o""ortunit! to e/"oun on the nature an im"ortance o$ a bu!-bust
o"eration, ru#in% thatB
(n the $irst "#ace, coorination with the 5D73 is not an inis"ensab#e re>uirement
be$ore "o#ice authorities ma! carr! out a bu!-bust o"eration. 0hi#e it is true that
)ection 8:
14
o$ Re"ub#ic 3ct No. 91:9 re>uires the Nationa# ,ureau o$
(nvesti%ation, 5N5 an the ,ureau o$ &ustoms to maintain Cc#ose coorination
with the 5D73 on a## ru%-re#ate matters,C the "rovision oes not, b! so sa!in%,
ma2e 5D73As "artici"ation a conition sine >ua non $or ever! bu!-bust o"eration.
3$ter a##, a bu!-bust is .ust a $orm o$ an in $#a%rante arrest sanctione b! )ection 9,
Ru#e 114
19
o$ the Ru#es o$ the &ourt, which "o#ice authorities ma! ri%ht$u##! resort
to in a""rehenin% vio#ators o$ Re"ub#ic 3ct No. 91:9 in su""ort o$ the 5D73.
1:
3
bu!-bust o"eration is not inva#iate b! mere non-coorination with the 5D73.
Neither is the #ac2 o$ "rior survei##ance $ata#. The case o$ People v. Lacbanes
1;
is
>uite instructiveB
(n People v. Ganguso,
18
it has been he# that "rior survei##ance is not a
"rere>uisite $or the va#iit! o$ an entra"ment o"eration, es"ecia##! when the bu!-
bust team members were accom"anie to the scene b! their in$ormant. (n the
instant case, the arrestin% o$$icers were #e to the scene b! the "oseur-bu!er.
Grantin% that there was no survei##ance conucte be$ore the bu!-bust o"eration,
this &ourt he# in People v. Tranca,
19
that there is no ri%i or te/tboo2 metho o$
conuctin% bu!-bust o"erations. '#e/ibi#it! is a trait o$ %oo "o#ice wor2. The
"o#ice o$$icers ma! ecie that time is o$ the essence an is"ense with the nee
$or "rior survei##ance.
20
The ru#e is that the $inin%s o$ the tria# court on the creibi#it! o$ witnesses are
entit#e to %reat res"ect because tria# courts have the avanta%e o$ observin% the
emeanor o$ the witnesses as the! testi$!. This is more true i$ such $inin%s were
a$$irme b! the a""e##ate court. 0hen the tria# courtAs $inin%s have been a$$irme
b! the a""e##ate court, sai $inin%s are %enera##! binin% u"on this &ourt.
21
(n connection therewith, the RT&, as a$$irme b! the &3, was a#so correct in
$inin% that the a""e##ant is e>ua##! %ui#t! o$ vio#ation o$ )ection 11 o$ R3 91:9, or
the i##e%a# "ossession o$ an%erous ru%. 3s an incient to the #aw$u# arrest o$ the
a""e##ant a$ter the consummation o$ the bu!-bust o"eration, the arrestin% o$$icers
ha the authorit! to search the "erson o$ the a""e##ant. (n the sai search, the
a""e##ant was cau%ht in "ossession o$ 0.:141 %rams o$ shabu. (n i##e%a#
"ossession o$ an%erous ru%s, the e#ements areB ?1@ the accuse is in
"ossession o$ an item or ob.ect which is ienti$ie to be a "rohibite ru%8 ?2@
such "ossession is not authori<e b! #aw8 an ?4@ the accuse $ree#! an
conscious#! "ossesse the sai ru%.
22
3s a e$ense, a""e##ant enie that he owns the shabu an the mar2e mone!
con$iscate $rom him. +owever, base on his cross-e/amination, such enia# was
not convincin% enou%h to merit reasonab#e oubt, thusB
(ncienta##!, the e$enses o$ enia# an $rame-u" have been invariab#! viewe b!
this &ourt with is$avor $or it can easi#! be concocte an is a common an
stanar e$ense "#o! in "rosecutions $or vio#ation o$ the Dan%erous Dru%s 3ct. (n
orer to "ros"er, the e$enses o$ enia# an $rame-u" must be "rove with stron%
an convincin% evience.
24
10
3nother contention raise b! the a""e##ant is the $ai#ure o$ the "rosecution to
show the chain o$ custo! o$ the recovere an%erous ru%. 3ccorin% to him,
whi#e it was (ns"ector 'erinan ,. Daci##o who si%ne the re>uest $or #aborator!
e/amination, on#! "o#ice o$$icers 5a.o an )imon were "resent in the bu!-bust
o"eration.
)ection 21 o$ R3 91:9 reasB
)7&. 21. &usto! an Dis"osition o$ &on$iscate, )ei<e, anIor )urrenere
Dan%erous Dru%s, 5#ant )ources o$ Dan%erous Dru%s, &ontro##e 5recursors an
7ssentia# &hemica#s, (nstrumentsI5ara"herna#ia anIor Laborator! 7>ui"ment. T
The 5D73 sha## ta2e char%e an have custo! o$ a## an%erous ru%s, "#ant
sources o$ an%erous ru%s, contro##e "recursors an essentia# chemica#s, as
we## as instrumentsI"ara"herna#ia anIor #aborator! e>ui"ment so con$iscate,
sei<e anIor surrenere, $or "ro"er is"osition in the $o##owin% mannerB
?1@ The a""rehenin% team havin% initia# custo! an contro# o$ the ru%s sha##,
immeiate#! a$ter sei<ure an con$iscation, "h!sica##! inventor! an "hoto%ra"h
the same in the "resence o$ the accuse or the "ersonIs $rom whom such items
were con$iscate anIor sei<e, or hisIher re"resentative or counse#, a
re"resentative $rom the meia an the De"artment o$ =ustice ?D6=@, an an!
e#ecte "ub#ic o$$icia# who sha## be re>uire to si%n the co"ies o$ the inventor! an
be %iven a co"! thereo$.
Non-com"#iance b! the a""rehenin%Ibu!-bust team with )ection 21 is not $ata#
as #on% as there is .usti$iab#e %roun there$or, an as #on% as the inte%rit! an the
evientiar! va#ue o$ the con$iscateIsei<e items are "ro"er#! "reserve b! the
a""rehenin% o$$icerIteam.
29
(ts non-com"#iance wi## not rener an accuse1s
arrest i##e%a# or the items sei<eIcon$iscate $rom him inamissib#e.
2:
0hat is o$
utmost im"ortance is the "reservation o$ the inte%rit! an the evientiar! va#ue o$
the sei<e items, as the same wou# be uti#i<e in the etermination o$ the %ui#t or
innocence o$ the accuse.
2;
(n this "articu#ar case, it is unis"ute that "o#ice
o$$icers 5a.o an )imon were members o$ the bu!-bust o"eration team. The $act
that it was (ns"ector 'erinan ,. Daci##o who si%ne the #etter-re>uest $or
#aborator! e/amination oes not in an! wa! a$$ect the inte%rit! o$ the items
con$iscate. 3## the re>uirements $or the "ro"er chain o$ custo! ha been
observe. 3s testi$ie to b! 562 5a.o re%arin% the "roceure unerta2en a$ter
the consummation o$ the bu!-bust o"erationB
3s ru#e b! this &ourt, what is crucia# in the chain o$ custo! is the mar2in% o$ the
con$iscate item which, in the "resent case, was com"#ie with, thusB
&rucia# in "rovin% chain o$ custo! is the mar2in%
29
o$ the sei<e ru%s or other
re#ate items immeiate#! a$ter the! are sei<e $rom the accuse. -ar2in% a$ter
sei<ure is the startin% "oint in the custoia# #in2, thus, it is vita# that the sei<e
contraban are immeiate#! mar2e because succeein% han#ers o$ the
s"ecimens wi## use the mar2in%s as re$erence. The mar2in% o$ the evience
serves to se"arate the mar2e evience $rom the cor"us o$ a## other simi#ar or
re#ate evience $rom the time the! are sei<e $rom the accuse unti# the! are
is"ose o$ at the en o$ crimina# "roceein%s, obviatin% switchin%, C"#antin%,C or
contamination o$ evience.
40
3nent the a%e o$ the a""e##ant when he was arreste, this &ourt $ins it
a""ro"riate to iscuss the e$$ect o$ his minorit! in his sus"ension o$ sentence. The
a""e##ant was seventeen ?1;@ !ears o# when the bu!-bust o"eration too2 "#ace or
when the sai o$$ense was committe, but was no #on%er a minor at the time o$
the "romu#%ation o$ the RT&As Decision.
(t must be note that R3 9444 too2 e$$ect on -a! 20, 200:, whi#e the RT&
"romu#%ate its ecision on this case on )e"tember 14, 2009, when sai
a""e##ant was no #on%er a minor. The RT& i not sus"en the sentence in
accorance with 3rtic#e 192 o$ 5.D. :04, The Child and outh !elfare Code
41
an
)ection 42 o$ 3.-. No. 02-1-18-)&, the Rule on "uveniles in Conflict #ith the
La#$
42
the #aws that were a""#icab#e at the time o$ the "romu#%ation o$ .u%ment,
because the im"osab#e "ena#t! $or vio#ation o$ )ection 9 o$ R3 91:9 is #i$e
im"risonment to eath.
(t ma! be ar%ue that the a""e##ant shou# have been entit#e to a sus"ension o$
his sentence uner )ections 48 an :8 o$ R3 9444 which "rovie $or its
retroactive a""#ication, thusB
)7&. 48. 3utomatic )us"ension o$ )entence. - 6nce the chi# who is uner
ei%hteen ?18@ !ears o$ a%e at the time o$ the commission o$ the o$$ense is $oun
%ui#t! o$ the o$$ense char%e, the court sha## etermine an ascertain an! civi#
#iabi#it! which ma! have resu#te $rom the o$$ense committe. +owever, instea o$
"ronouncin% the .u%ment o$ conviction, the court sha## "#ace the chi# in con$#ict
with the #aw uner sus"ene sentence, without nee o$ a""#icationB 5rovie,
however, That sus"ension o$ sentence sha## sti## be a""#ie even i$ the .uveni#e is
a#rea! ei%hteen !ears ?18@ o$ a%e or more at the time o$ the "ronouncement o$
hisIher %ui#t.
E"on sus"ension o$ sentence an a$ter consierin% the various circumstances o$
the chi#, the court sha## im"ose the a""ro"riate is"osition measures as "rovie
in the )u"reme &ourt MRu#eN on =uveni#es in &on$#ict with the Law.
/ / / /
)ec. :8. &hi#ren 0ho +ave ,een &onvicte an are )ervin% )entence. -
5ersons who have been convicte an are servin% sentence at the time o$ the
e$$ectivit! o$ this 3ct, an who were be#ow the a%e o$ ei%hteen ?18@ !ears at the
time o$ the commission o$ the o$$ense $or which the! were convicte an are
servin% sentence, sha## #i2ewise bene$it $rom the retroactive a""#ication o$ this 3ct.
/ / /
+owever, this &ourt has a#rea! ru#e in People v. %arcia
44
that whi#e )ection 48
o$ R3 9444 "rovies that sus"ension o$ sentence can sti## be a""#ie even i$ the
chi# in con$#ict with the #aw is a#rea! ei%hteen ?18@ !ears o$ a%e or more at the
time o$ the "ronouncement o$ hisIher %ui#t, )ection 40 o$ the same #aw #imits the
sai sus"ension o$ sentence unti# the chi# reaches the ma/imum a%e o$ 21. The
"rovision statesB
)7&. 40. Return o$ the &hi# in &on$#ict with the Law to &ourt. - ($ the court $ins
that the ob.ective o$ the is"osition measures im"ose u"on the chi# in con$#ict
with the #aw have not been $u#$i##e, or i$ the chi# in con$#ict with the #aw has
wi##$u##! $ai#e to com"#! with the conition o$ hisIher is"osition or rehabi#itation
"ro%ram, the chi# in con$#ict with the #aw sha## be brou%ht be$ore the court $or
e/ecution o$ .u%ment.
($ sai chi# in con$#ict with the #aw has reache ei%hteen ?18@ !ears o$ a%e whi#e
uner sus"ene sentence, the court sha## etermine whether to ischar%e the
chi# in accorance with this 3ct, to orer e/ecution o$ sentence, o5 4o (74($% 48(
+u+)($%(% +($4($9( :o5 # 9(54#;$ +)(9;:;(% )(5;o% o5 u$4;l 48( 98;l% 5(#98(+
48( ,#7;,u, #<( o: 4=($4y-o$( 1212 y(#5+.
+ence, the a""e##ant, who is now be!on the a%e o$ twent!-one ?21@ !ears can no
#on%er avai# o$ the "rovisions o$ )ections 48 an 40 o$ R3 9444 as to his
sus"ension o$ sentence, because such is a#rea! moot an acaemic. (t is hi%h#!
note that this wou# not have ha""ene i$ the &3, when this case was uner its
.urisiction, sus"ene the sentence o$ the a""e##ant. The recors show that the
a""e##ant $i#e his notice o$ a""ea# at the a%e o$ 19 ?2009@, hence, when R3 9444
became e$$ective in 200:, a""e##ant was 20 !ears o#, an the case havin% been
e#evate to the &3, the #atter shou# have sus"ene the sentence o$ the
a""e##ant because he was a#rea! entit#e to the "rovisions o$ )ection 48 o$ the
same #aw, which now a##ows the sus"ension o$ sentence o$ minors re%ar#ess o$
the "ena#t! im"ose as o""ose to the "rovisions o$ 3rtic#e 192 o$ 5.D. :04.
44
Neverthe#ess, the a""e##ant sha## be entit#e to a""ro"riate is"osition uner
)ection 91 o$ R3 No. 9444, which "rovies $or the con$inement o$ convicte
chi#ren as $o##owsB
49
)7&. 91. &on$inement o$ &onvicte &hi#ren in 3%ricu#tura# &am"s an other
Trainin% 'aci#ities. - 3 chi# in con$#ict with the #aw ma!, a$ter conviction an u"on
11
orer o$ the court, be mae to serve hisIher sentence, in #ieu o$ con$inement in a
re%u#ar "ena# institution, in an a%ricu#tura# cam" an other trainin% $aci#ities that
ma! be estab#ishe, maintaine, su"ervise an contro##e b! the ,E&6R, in
coorination with the D)0D.
(n $inin% the %ui#t be!on reasonab#e oubt o$ the a""e##ant $or vio#ation o$
)ection 9 o$ R3 91:9, the RT& im"ose the "ena#t! o$ reclusion perpetua as
manate in )ection 98
4:
o$ the same #aw. 3 vio#ation o$ )ection 9 o$ R3 91:9
merits the "ena#t! o$ #i$e im"risonment to eath8 however, in )ection 98, it is
"rovie that, where the o$$ener is a minor, the "ena#t! $or acts "unishab#e b! #i$e
im"risonment to eath "rovie in the same #aw sha## be rec#usion "er"etua to
eath. ,asica##!, this means that the "ena#t! can now be %rauate as it has
ao"te the technica# nomenc#ature o$ "ena#ties "rovie $or in the Revise 5ena#
&oe. The sai "rinci"#e was enunciate b! this &ourt in People v. %imon,
4;
thusB
0e are not unaware o$ cases in the "ast wherein it was he# that, in im"osin% the
"ena#t! $or o$$enses uner s"ecia# #aws, the ru#es on miti%atin% or a%%ravatin%
circumstances uner the Revise 5ena# &oe cannot an shou# not be a""#ie.
3 review o$ such octrines as a""#ie in sai cases, however, revea#s that the
reason there$or was because the s"ecia# #aws invo#ve "rovie their own s"eci$ic
"ena#ties $or the o$$enses "unishe thereuner, an which "ena#ties were not
ta2en $rom or with re$erence to those in the Revise 5ena# &oe. )ince the
"ena#ties then "rovie b! the s"ecia# #aws concerne i not "rovie $or the
minimum, meium or ma/imum "erios, it wou# conse>uent#! be im"ossib#e to
consier the a$orestate moi$!in% circumstances whose main $unction is to
etermine the "erio o$ the "ena#t! in accorance with the ru#es in 3rtic#e :4 o$
the &oe.
This is a#so the rationa#e $or the ho#in% in "revious cases that the "rovisions o$
the &oe on the %rauation o$ "ena#ties b! e%rees cou# not be %iven
su""#ementar! a""#ication to s"ecia# #aws, since the "ena#ties in the #atter were
not com"onents o$ or contem"#ate in the sca#e o$ "ena#ties "rovie b! 3rtic#e ;1
o$ the $ormer. The su""#etor! e$$ect o$ the Revise 5ena# &oe to s"ecia# #aws, as
"rovie in 3rtic#e 10 o$ the $ormer, cannot be invo2e where there is a #e%a# or
"h!sica# im"ossibi#it! o$, or a "rohibition in the s"ecia# #aw a%ainst, such
su""#ementar! a""#ication.
The situation, however, is i$$erent where a#thou%h the o$$ense is e$ine in an
ostensib#! "unishe uner a s"ecia# #aw, the "ena#t! there$or is actua##! ta2en
$rom the Revise 5ena# &oe in its technica# nomenc#ature an, necessari#!, with
its uration, corre#ation an #e%a# e$$ects uner the s!stem o$ "ena#ties native to
sai &oe. 0hen, as in this case, the #aw invo#ve s"ea2s o$ "rision correcciona#,
in its technica# sense uner the &oe, it wou# conse>uent#! be both i##o%ica# an
absur to "osit otherwise.
/ / / /
5re$atori#!, what orinari#! are invo#ve in the %rauation an conse>uent#!
etermine the e%ree o$ the "ena#t!, in accorance with the ru#es in 3rtic#e :1 o$
the &oe as a""#ie to the sca#e o$ "ena#ties in 3rtic#e ;1, are the sta%e o$
e/ecution o$ the crime an the nature o$ the "artici"ation o$ the accuse.
+owever, uner "ara%ra"h 9 o$ 3rtic#e :4, when there are two or more orinar!
miti%atin% circumstances an no a%%ravatin% circumstance, the "ena#t! sha## be
reuce b! one e%ree. 3#so, 48( )5(+($9( o: )5;*;l(<(% ,;4;<#4;$<
9;59u,+4#$9(+, #+ )5o*;%(% ;$ A54;9l(+ 66 #$% 60, 9#$ 5(%u9( 48( )($#l4y -y
o$( o5 4=o %(<5((+, o5 (*($ ,o5(. These "rovisions o$ 3rtic#es :4?9@, :; an
:8 shou# not a""#! in toto in the etermination o$ the "ro"er "ena#t! uner the
a$orestate secon "ara%ra"h o$ section 20 o$ Re"ub#ic 3ct No. :429, to avoi
anoma#ous resu#ts which cou# not have been contem"#ate b! the #e%is#ature.
Thus, "ara%ra"h 9 o$ 3rtic#e :1 "rovies that when the #aw "rescribes a "ena#t! in
some manner not s"ecia##! "rovie $or in the $our "recein% "ara%ra"hs thereo$,
the courts sha## "rocee b! ana#o%! therewith. +ence, when the "ena#t!
"rescribe $or the crime consists o$ one or two "ena#ties to be im"ose in their $u##
e/tent, the "ena#t! ne/t #ower in e%ree sha## #i2ewise consist o$ as man!
"ena#ties which $o##ow the $ormer in the sca#e in 3rtic#e ;1. ($ this ru#e were to be
a""#ie, an since the com"#e/ "ena#t! in this case consists o$ three iscrete
"ena#ties in their $u## e/tent, that is, "rision correcciona#, "rision ma!or an
rec#usion tem"ora#, then one e%ree #ower wou# be arresto menor, estierro an
arresto ma!or. There cou#, however, be no $urther reuction b! sti## one or two
e%rees, which must each #i2ewise consist o$ three "ena#ties, since on#! the
"ena#ties o$ $ine an "ub#ic censure remain in the sca#e.1avvphi1
The &ourt ru#es, there$ore, that whi#e moi$!in% circumstances ma! be
a""reciate to etermine the "erios o$ the corres"onin% "ena#ties, or even
reuce the "ena#t! b! e%rees, in no case shou# such %rauation o$ "ena#ties
reuce the im"osab#e "ena#t! be!on or #ower than "rision correcciona#. (t is $or
this reason that the three com"onent "ena#ties in the secon "ara%ra"h o$
)ection 20 sha## each be consiere as an ine"enent "rinci"a# "ena#t!, an that
the #owest "ena#t! shou# in an! event be "rision correcciona# in orer not to
e"reciate the seriousness o$ ru% o$$enses. (nter"retatio $iena est ut res ma%is
va#eat >uam "ereat. )uch inter"retation is to be ao"te so that the #aw ma!
continue to have e$$icac! rather than $ai#. 3 "er$ect .uicia# so#ution cannot be
$or%e $rom an im"er$ect #aw, which im"asse shou# now be the concern o$ an is
accorin%#! aresse to &on%ress.
48
&onse>uent#!, the "rivi#e%e miti%atin% circumstance o$ minorit!
49
can now be
a""reciate in $i/in% the "ena#t! that shou# be im"ose. The RT&, as a$$irme b!
the &3, im"ose the "ena#t! o$ reclusion perpetua without consierin% the
minorit! o$ the a""e##ant. Thus, a""#!in% the ru#es state above, the "ro"er
"ena#t! shou# be one e%ree #ower than reclusion perpetua, which is reclusion
temporal$ the "rivi#e%e miti%atin% circumstance o$ minorit! havin% been
a""reciate. Necessari#!, a#so a""#!in% the (neterminate )entence Law
?()L30@, the minimum "ena#t! shou# be ta2en $rom the "ena#t! ne/t #ower in
e%ree which is prision mayor an the ma/imum "ena#t! sha## be ta2en $rom the
meium "erio o$ reclusion temporal, there bein% no other miti%atin%
circumstance nor a%%ravatin% circumstance.
40
The ()L30 is a""#icab#e in the
"resent case because the "ena#t! which has been ori%ina##! an inivisib#e "ena#t!
?reclusion perpetua to eath@, where ()L30 is ina""#icab#e, became a ivisib#e
"ena#t! ?reclusion temporal@ b! virtue o$ the "resence o$ the "rivi#e%e miti%atin%
circumstance o$ minorit!. There$ore, a "ena#t! o$ si/ ?:@ !ears an one ?1@ a! o$
prision mayor, as minimum, an $ourteen ?14@ !ears, ei%ht ?8@ months an one ?1@
a! o$ reclusion temporal, as ma/imum, wou# be the "ro"er im"osab#e "ena#t!.
>HERE.ORE, the Decision ate =u#! 41, 2008 o$ the &ourt o$ 3""ea#s ?&3@ in
&3-G.R. &R-+.&. No. 00240--(N, a$$irmin% the 6mnibus =u%ment ate
)e"tember 14, 2009 o$ the Re%iona# Tria# &ourt, ,ranch 1, ,utuan &it! in &rimina#
&ase No. 10290 an &rimina# &ase No. 10291, $inin% a""e##ant 3##en Eto.an
-anta#aba, %ui#t! be!on reasonab#e oubt o$ vio#ation o$ )ections 9 an 11,
3rtic#e (( o$ R3 91:9 is hereb! A..IR"ED with the "ODI.I!ATION that the
"ena#t! that shou# be im"ose on a""e##antAs conviction o$ vio#ation o$ )ection 9
o$ R3 91:9, is si/ ?:@ !ears an one ?1@ a! o$ prision mayor, as minimum, an
$ourteen ?14@ !ears, ei%ht ?8@ months an one ?1@ a! o$ reclusion temporal, as
ma/imum.
RO>ENO 'O"OY, vs.'EO'LE O. THE 'HILI''INE, G.R. No.
10646S()4(,-(5 29, 2004 'ANGANI&AN, J.:
0e##-estab#ishe is the "rinci"#e that the $actua# $inin%s o$ the tria# court, when
a$$irme b! the &ourt o$ 3""ea#s, are binin% on the hi%hest court o$ the #an.
+owever, when $acts are misinter"rete an the innocence o$ the accuse
e"ens on a "ro"er a""reciation o$ the $actua# conc#usions, the )u"reme &ourt
ma! conuct a review thereo$. (n the "resent case, a care$u# ree/amination
convinces this &ourt that an CaccientC cause the victim1s eath. 3t the ver!
#east, the testimonies o$ the creib#e witnesses create a reasonab#e oubt on
a""e##ant1s %ui#t. +ence, the &ourt must u"ho# the constitutiona# "resum"tion o$
innocence.
T8( !#+(
,e$ore us is a 5etition $or Review
1
uner Ru#e 49 o$ the Ru#es o$ &ourt, see2in% to
set asie the 'ebruar! 28, 2001 Decision
2
an the 6ctober 40, 2001 Reso#ution
4
12
o$ the &ourt o$ 3""ea#s ?&3@ in &3TGR &R No. 18;99. The &3 a$$irme, with
moi$ications, the -arch 8, 1999 .u%ment
4
o$ the Re%iona# Tria# &ourt ?RT&@
9
o$
(#oi#o &it! ?,ranch 29@ in &rimina# &ase No. 4:921, $inin% Roweno 5omo! %ui#t!
o$ the crime o$ homicie. The assai#e &3 Decision is"ose as $o##owsB
C0+7R7'6R7, "remises consiere, -6D('(7D as to "ena#t! in the
sense that the M5etitionerN R607N6 56-6O is sentence to su$$er an
ineterminate "rison term o$ si/ ?:@ !ears, $our ?4@ months an ten ?10@
a!s o$ "rision ma!or minimum, as minimum, to $ourteen ?14@ !ears
ei%ht ?8@ months an twent! ?20@ a!s o$ rec#usion tem"ora# meium,
as ma/imum, the ecision a""ea#e $rom is hereb! 3''(R-7D in a##
other res"ects.C
:
The cha##en%e &3 Reso#ution enie "etitioner1s -otion $or Reconsieration.
5etitioner was char%e in an (n$ormation wore thusB
CThat on or about the 4th a! o$ =anuar! 1990, in the -unici"a#it! o$
)ara, 5rovince o$ (#oi#o, 5hi#i""ines, an within the .urisiction o$ this
+onorab#e &ourt, the above-name accuse, arme with his .49
service "isto#, with e#iberate intent an ecie "ur"ose to 2i##, an
without an! .usti$iab#e cause or motive, i then an there wi##$u##!,
un#aw$u##! an $e#onious#! assau#t, attac2 an shoot one T6-3)
,3L,63 with the service "isto# he was then "rovie, in$#ictin% u"on
the #atter %unshot wouns on the vita# "arts o$ his bo!, which irect#!
cause the eath o$ sai victim therea$ter.C
;
T8( .#94+
Version of the Prosecution
The 6$$ice o$ the )o#icitor Genera# ?6)G@ "resente res"onent1s version o$ the
$acts as $o##owsB
CTomas ,a#boa was a master teacher o$ the &once"cion &o##e%e o$
)cience an 'isheries in &once"cion, (#oi#o.
C6n =anuar! 4, 1990, about ;B40 in the mornin%, some "o#icemen
arrive at the &once"cion &o##e%e to arrest ,a#boa, a##e%e#! in
connection with a robber! which too2 "#ace in the munici"a#it! in
December 1989. 0ith the arrest e$$ecte, ,a#boa an the "o#icemen
"asse b! the &once"cion 7#ementar! )choo# where his wi$e, =essica,
was in a %et-to%ether "art! with other )choo# 3ministrators. 0hen his
wi$e as2e him, V0h! wi## !ou be arresteH1 M+Ne answere VM7ven (N o
not 2now wh! ( am arreste. That is wh! ( am even %oin% there in
orer to $in out the reason $or m! arrest.1
C,a#boa was ta2en to the +ea>uarters o$ the a#rea! e$unct 421st
5hi#i""ine &onstabu#ar! &om"an! at &am" =a#anoni, )ara, (#oi#o. +e
was etaine in the .ai# thereat, a#on% with 7%ar )amuio, another
sus"ect in the robber! case.
CLater that a!, about a #itt#e "ast 2 o1c#oc2 in the a$ternoon, "etitioner,
who is a "o#ice ser%eant, went near the oor o$ the .ai# where ,a#boa
was etaine an irecte the #atter to come out, "ur"orte#! $or
tactica# interro%ation at the investi%ation room, as he to# ,a#boaB VLet1s
%o to the investi%ation room.1 The investi%ation room is at the main
bui#in% o$ the com"oun where the .ai# is #ocate. The .ai# %uar on
ut!, Nicostrao 7ste"ar, o"ene the .ai# oor an wa#2e towars the
investi%ation room.
C3t that time, "etitioner ha a %un, a .49 ca#iber "isto#, tuc2e in a
ho#ster which was han%in% b! the sie o$ his be#t. The %un was $u##!
embee in its ho#ster, with on#! the han#e o$ the %un "rotruin%
$rom the ho#ster.
C0hen "etitioner an ,a#boa reache the main bui#in% an were near
the investi%ation room, two ?2@ %unshots were hear. 0hen the source
o$ the shots was veri$ie, "etitioner was seen sti## ho#in% a .49 ca#iber
"isto#, $acin% ,a#boa, who was #!in% in a "oo# o$ b#oo, about two ?2@
$eet awa!. 0hen the &ommanin% 6$$icer o$ the +ea>uarters arrive,
he isarme "etitioner an irecte that ,a#boa be brou%ht to the
hos"ita#. Dr. 5a#ma ?$irst name not "rovie@ ha""ene to be at the
crime scene as he was visitin% his brother in the 5hi#i""ine
&onstabu#ar!. 0hen Dr. 5a#ma e/amine ,a#boa, he ?Dr. 5a#ma@ sai
that it was unnecessar! to brin% ,a#boa to the hos"ita# $or he was
ea.
CE"on the re>uest o$ -rs. =essica ,a#boa, the wi$e o$ the ecease,
Dr. Ricaro =abonete, the meico-#e%a# o$$icer o$ the Nationa# ,ureau
o$ (nvesti%ation, Re%ion *(, (#oi#o &it!, conucte an auto"s! on the
remains o$ Tomas ,a#boa. The $o##owin% were his $inin%sB
V5a##or, inte%umens an nai#bes.
V0oun, %unshotB ?1@ 7NTR3N&7, ownwars an
meia##!, e%es, moi$ie b! sutures, surroune b!
abrasion co##ar, 0.: cm. (n its chest, #e$t sie, 10.0 cms. $rom
anterior mi#ine, 121.0 cms. 'rom #e$t hee#, irecte
meia##! bac2wars $rom #e$t to ri%ht, "enetratin% chest wa##
thru 9th intercosta#s s"ace into thoracic cavit!, "er$oratin%
thru an thru, u""er #obe, #e$t #un%, #aceratin% #e$t ventricu#ar
wa## causin% "unche out $racture, 8th thoracic vertebra an
ma2e an 7U(T, sta##ate in sha"e, 1.0 / 0.8 cm. 7%es,
moi$ie b! sutures, bac2, ri%ht sie, 8.0 cms. 'rom
"osterior mi#ine, 11;.0 cms. 'rom ri%ht hee# ?2@
7NTR3N&7, ova#oi, oriente meia##! ownwars, e%es
suture, 0.; cm. on its wiest "ortion, at in$ero-meia#
borer, h!"ochonriac re%ion, #e$t sie, 4.0 cms. 'rom
anterior mi#ine, 109.0 cms. 'rom #e$t hee#, irecte
bac2wars, #atera##! wa## into "enetratin% abomina# cavit!,
"er$oratin% thru an thru, stomach, hea o$ the "ancreas
an mesenter!, ma2e an e/it, ova#i, 1.0 / 0.8 cm., oriente
meia##! u"wars, e%es, suture, bac2, #e$t sie, #eve# o$
9th intercosta# s"ace, 4.9 cms. 'rom "osterior mi#ine,
110.0 cms. 'rom #e$t hee#. / / /.
V&3E)7 6' D73T+B +emorrha%e, massive seconar! to
%unshot wouns on chest an abomen.
VR7-3RK)B ,o! "revious#! emba#me an auto"sie.1
CDr. =aboneta testi$ie that the two ?2@ wouns he $oun on / / /
,a#boa1s bo! were %unshot wouns. The entrance o$ M0Noun No. 1
was to the #e$t sie o$ the chest about the #e$t ni""#e an e/ite to the
ri%ht sie o$ the bac2. (ts tra.ector! was bac2wars then ownwars
$rom #e$t to ri%ht. 3s to the "ossib#e "osition o$ the assai#ant, Dr.
=aboneta o"ine that the no<<#e o$ the %un was "robab#! in $ront o$ the
victim an was more to the #e$t sie, an the %un must have been a
#itt#e bit hi%her than the entrance woun. 0oun No. 2 was #ocate
immeiate#! be#ow the arch o$ the ribs, #e$t sie. (ts irection was
bac2wars an #atera##! u"wars. Dr. =aboneta estimate that when it
was in$#icte, the assai#ant must have "ointe the %un1s no<<#e to the
ri%ht sie $ront o$ the victim. The istance between the entrance "oints
o$ wouns No. 1 an No. 2 was $oun to be about 1:.0 centimeters.C
8
Version of the Defense
13
The 5etition ao"te the narration o$ $acts in the assai#e &3 Decision, which in
turn cu##e them $rom the tria# court. The RT& summari<e the testimonies o$
De$ense 0itnesses 7rna ,asa, the #one e!ewitness to the incient8 7en
Le%as"i8 Dr. )a#vaor -a##o =r.8 an "etitioner himse#$, as $o##owsB
C7rna ,asaB
C/ / / M6Nn =anuar! 4, 1990, she was wor2in% in their o$$ice in the cam"
u" to the a$ternoon8 at about "ast 2 o1c#oc2 that a$ternoon whi#e
wor2in% on the bac2#o%s, she hear some noise an e/chan%e o$
wors which were not c#ear, but it seeme there was %rowin% troub#e8
she o"ene the oor to veri$! an saw Roweno 5omo! an Tomas
,a#boa %ra""#in% $or the "ossession o$ the %un8 she was insie the
room an one meter awa! $rom the oor8 5omo! an ,a#boa whi#e
%ra""#in% were two to three meters awa! $rom the oor8 the %ra""#in%
ha""ene so $ast an the %un o$ 5omo! was suen#! "u##e out $rom
its ho#ster an then there was e/"#osion8 she was not certain who
"u##e the %un. / / /.
C7en Le%as"iB
C/ / / M3Ns ear#! as 1B40 o1c#oc2 in the a$ternoon o$ =anuar! 4, 1990 she
was insie the investi%ation room o$ the 5& at &am" =a#anoni, )ara,
(#oi#o8 at about 2 o1c#oc2 that same a$ternoon whi#e there insie, she
hear a commotion outsie an she remaine seate on the bench8
when the commotion starte the! were seate on the bench an a$ter
the commotion that woman so#ier ?re$errin% to 7rna ,asa@ stoo u"
an o"ene the oor an she saw two "ersons %ra""#in% $or the
"ossession o$ a %un an immeiate#! two successive shots ran% out8
she i not #eave the "#ace where she was seate but she .ust stoo
u"8 a$ter the shots, one o$ the two men $a## own / / /.
C3ccuse-"etitioner Roweno 5omo!B
C+e is 40 !ears o# an a 5N5 member o$ the (#oi#o 5rovincia# -obi#e
'orce &om"an! then attache to the e$unct 421st 5& &om"an!8 he
was one o$ the investi%ators o$ their out$it8 about 2 o1c#oc2 or "ast that
time o$ =anuar! 4, 1990 he %ot Tomas ,a#boa $rom their stoc2ae $or
tactica# interro%ation8 as he was a#rea! ho#in% the oor 2nob o$ their
investi%ation room an about to o"en an enter it, a## o$ a suen he
saw Tomas ,a#boa a""roach him an ta2e ho# or %rab the han#e o$
his %un8 Tomas ,a#boa was a sus"ect in a robber! case who was
a""rehene b! the "o#ice o$ &once"cion an then turne over to
them ?5&@ an "#ace in their stoc2ae8 he as2e the ser%eant o$ the
%uar to #et ,a#boa out o$ the stoc2ae $or interro%ation8 $rom the
stoc2ae with ,a#boa wa#2in% with him, he ha his .49 ca#iber "isto#
"#ace in his ho#ster attache to his be#t on his waist8 then as he was
ho#in% the oor2nob with his ri%ht han to o"en the oor, the victim,
who was two meters awa! $rom him, suen#! a""roache him an
%rabbe his %un, but a## o$ a suen he he# the han#e o$ his %un with
his #e$t han8 he re#ease his ri%ht han $rom the oor2nob an, with
that ri%ht han, he he# the han#e o$ his %un8 Tomas ,a#boa was not
ab#e to ta2e actua# ho# o$ the %un because o$ his e$$orts in "reventin%
him ?,a#boa@ $rom ho#in% the han#e o$ his %un8 he use his #e$t han
to "arr! the move o$ ,a#boa8 a$ter he he# the han#e o$ his %un with
his ri%ht han, in a matter o$ secons, he $e#t somebo! was ho#in%
his ri%ht han8 he an ,a#boa %ra""#e an in two or three secons the
%un was rawn $rom its ho#ster as both o$ them he# the %un8 more
%ra""#in% $o##owe an $ive secons a$ter the %un was ta2en $rom its
ho#ster it $ire, the victim was to his ri%ht sie when the attem"t to %rab
his %un be%an an was sti## to his ri%ht when the %un was rawn $rom
its ho#ster unti# it $ire, as the! were sti## %ra""#in% or wrest#in%8 his %un
was a#rea! #oae in its chamber an coc2e when he #e$t his house,
an it was #oc2e when it $ire8 urin% the %ra""#in% he use his #e$t
han to "revent ,a#boa $rom ho#in% his %un, whi#e the victim use his
ri%ht han in tr!in% to reach the %un8 a$ter the %un $ire, the! were
se"arate $rom each other an ,a#boa $e##8 he is ta##er than ,a#boa
thou%h the #atter was bi%%er in bui#8 he cannot sa! nor etermine who
o$ them was stron%er8 a$ter ,a#boa $e##, )%t. 3#a% shoute sa!in% Vsto"
that1 an he saw )%t. 3#a% a""roachin%8 sometime a$ter, &a"t.
Ro#ano -ac#an%, their commanin% o$$icer, came, %ot his %un, an
sai that the case be investi%ate as to what rea##! ha""ene. +e sai
that when his %un was "ut in its ho#ster on#! its han#e "rotrues or
comes out $rom it.
CE"on cross-e/amination, he sai that ,a#boa was a sus"ect in a
robber! case that ha""ene urin% the $irst wee2 o$ December, 19898
he was the one who $i#e that case in the town o$ )an Dionisio an that
case invo#ves other "ersons who were a#so etaine8 be$ore =anuar!
4, 1990 he ha a#so the chance to invite an interro%ate ,a#boa but
who enie an! robber! case8 / / / M(Nt was a$ter he too2 his #unch that
a! when &a"t. -ac#an% ca##e him to conuct the interro%ation8 when
he too2 ,a#boa $rom the stoc2ae he i not te## him that he ?,a#boa@
was to be investi%ate in the investi%ation room which was house in
the main bui#in% which is $i$t! meters, more or #ess, $rom the stoc2ae,
#i2ewise houses the aministrative o$$ice, the o$$ice o$ the commanin%
o$$icer, o$$icer o$ the o"erations ivision an that o$ the si%na# ivision8
his %un was in its ho#ster when the victim trie to %rab it ?%un@8 $rom the
time he sense that the victim trie to %rab his %un, he #oc2e the
victim8 the han o$ the victim was on to" o$ his han an he $e#t the
victim was attem"tin% to %et his %un8 that the entire han#e o$ his %un
was e/"ose when "#ace insie its ho#ster8 he cannot te## whether the
victim, whi#e stru%%#in% with him, was ab#e to ho# an! "ortion o$ his
%un $rom the ti" o$ its barre# to the "oint where its hammer is #ocate8
urin% the incient his %un was $u##! #oae an coc2e8 )%t. 3#a% i
not a""roach, but .ust viewe them an "robab#! re"orte the incient
to their commanin% o$$icer8 he was not ab#e to ta#2 to )%t. 3#a% as he
?5omo!@ was not in his ri%ht sense8 when his commanin% o$$icer
came some $ive to ten minutes #ater an too2 awa! his %un he i not
te## him an!thin%.
CDr. )a#vaor -a##o =r.
C+e is the Rura# +ea#th 5h!sician o$ )ara who conucte the auto"s!
on the caaver o$ Tomas ,a#boa that a$ternoon o$ =anuar! 4, 19908 in
his auto"s! $inin%s res"ectin% which he mae an auto"s! re"ort he
sai he $oun two entrance wouns on the victim, the $irst on the #e$t
chest with tra.ector! meia##! ownwar, whi#e the secon one is on
the #e$t sie o$ the stomach with tra.ector! somewhat %oin% u"war8 at
the same time o$ his e/amination he saw this victim to be wearin% a
#i%ht-co#ore T-shirt an a .ac2et8 other than the T-shirt worn b! the
victim, he i not see or $in an! "ower burns an mar2s an that
those otte mar2s in the T-shirt were be#ieve b! him to be "ower
burns as the! #oo2 #i2e one8 he a#so $oun a e$orme s#u% in the
"oc2et o$ the .ac2et o$ the victim.C
9
Rul;$< o: 48( !ou54 o: A))(#l+
The &3 anchore its Decision on the $o##owin% $actua# $inin%sB 1@ the victim was
not success$u# in his attem"ts to %rab the %un, since "etitioner ha been in contro#
o$ the wea"on when the shots were $ire8 2@ the %un ha been #oc2e "rior to the
a##e%e %rabbin% incient an immeiate#! be$ore it went o$$8 it was "etitioner who
re#ease the sa$et! #oc2 be$ore he e#iberate#! $ire the $ata# shots8 an 4@ the
#ocation o$ the wouns $oun on the bo! o$ the ecease i not su""ort the
assertion o$ "etitioner that there ha been a %ra""#in% $or the %un.
To the a""e##ate court, a## the $ore%oin% $acts iscreite the c#aim o$ "etitioner
that the eath o$ ,a#boa resu#te $rom an accient. &itin% 5eo"#e v. Re!es,
10
the
&3 maintaine that Ca revo#ver is not "rone to accienta# $irin% i$ it were sim"#!
hane over to the ecease as a""e##ant c#aims because o$ the nature o$ its
mechanism, un#ess it was a#rea! $irst coc2e an "ressure was e/erte on the
tri%%er in the "rocess o$ a##e%e#! hanin% it over. ($ it were uncoc2e, then
14
consierab#e "ressure ha to be a""#ie on the tri%%er to $ire the revo#ver. 7ither
wa!, the shootin% o$ the ecease must have been intentiona# because "ressure
on the tri%%er was necessar! to ma2e the %un $ire.C
11

-oreover, the a""e##ate court obvious#! concurre with this observation o$ the
6)GB
CM5etitioner1sN theor! o$ accient wou# have been easier to be#ieve ha
the victim been shot on#! once. (n this case, however, M"etitionerN shot
the victim not on#! once but twice, thereb! estab#ishin% M"etitioner1sN
etermine e$$ort to 2i## the victim. ,! an! stretch o$ the ima%ination,
even assumin% without amittin% that the $irst shot was accienta#,
then it shou# not have been $o##owe b! another shot on another vita#
"art o$ the bo!. The $act that M"etitionerN shot the victim two ?2@ times
an was hit on two i$$erent an istant "arts o$ the bo!, in$#icte $rom
two i$$erent #ocations or an%#es, means that there was an intent to
cause the victim1s eath, contrar! to M"etitioner1sN "retensions o$ the
a##e%e accienta# $irin%. (t is an o$t-re"eate "rinci"#e that the #ocation,
number an %ravit! o$ the wouns in$#icte on the victim have a more
revea#in% ta#e o$ what actua##! ha""ene urin% the incient. / / /.
12

'urthermore, the &3 ebun2e the a#ternative "#ea o$ se#$-e$ense. (t he# that
"etitioner ha miserab#! $ai#e to "rove the attenance o$ un#aw$u# a%%ression, an
inis"ensab#e e#ement o$ this .usti$!in% circumstance.
0hi#e substantia##! a$$irmin% the $actua# $inin%s o$ the RT&, the &3 isa%ree
with the conc#usion o$ the tria# court that the a%%ravatin% circumstance o$ abuse o$
"ub#ic "osition ha attene the commission o$ the crime. 3ccorin%#!, the
"ena#t! im"ose b! the RT& was moi$ie b! the a""e##ate court in this mannerB
C/ / / M'Nor "ub#ic "osition to be a""reciate as an a%%ravatin%
circumstance, the "ub#ic o$$icia# must use his in$#uence, "resti%e an
ascenanc! which his o$$ice %ives him in rea#i<in% his "ur"ose. ($ the
accuse cou# have "er"etrate the crime without occu"!in% his
"osition, then there is no abuse o$ "ub#ic "osition.1 ?5eo"#e vs. =o!no,
404 )&R3 :99, :;0@. (n the instant case, there is no showin% that the
M"etitionerN ha a "remeitate "#an to 2i## the victim when the $ormer
$etche the #atter $rom the stoc2ae, thus, it cannot be conc#ue that
the "ub#ic "osition o$ the M"etitionerN $aci#itate the commission o$ the
crime. There$ore, the tria# court1s $inin% that the sai a%%ravatin%
circumstance that M"etitionerN too2 avanta%e o$ his "ub#ic "osition to
commit the crime cannot be sustaine. +ence, there bein% no
a%%ravatin% an no miti%atin% circumstance "rove, the ma/imum o$
the "ena#t! sha## be ta2en $rom the meium "erio o$ rec#usion
tem"ora#, a "ena#t! im"osab#e $or the crime o$ homicie. / / /.C
14
+ence, this 5etition.
14

I++u(+
(n his -emoranum, "etitioner submitte the $o##owin% issues $or the &ourt1s
consierationB
C(. The &ourt o$ 3""ea#s committe serious an reversib#e error in
a$$irmin% "etitioner1s conviction es"ite the insu$$icienc! o$ the
"rosecution1s evience to convict the "etitioner, in contrast to
"etitioner1s overwhe#min% evience to su""ort his theor!Ie$ense o$
accient.
C((. The &ourt o$ 3""ea#s committe %rave an reversib#e error in
a$$irmin% the conviction o$ the "etitioner on a mani$est#! mista2en
in$erence that when the %un $ire, the "etitioner was in $u## contro# o$
the han#e o$ the %un, because what the testimonies o$ isintereste
witnesses an the "etitioner revea# was that the %un $ire whi#e
"etitioner an ,a#boa were both ho#in% the %un in $orce$u# e$$orts to
wrest the %un $rom each other.
C(((. The &ourt o$ 3""ea#s %rave#! erre in a$$irmin% the so#icitor
%enera#1s observation that the $act that "etitioner shot the victim twice
estab#ishes "etitioner1s etermine e$$ort to 2i## the victim.
C(*. The a""e##ate court committe serious misa""rehension o$ the
evience "resente when it ru#e that the tra.ector! o$ the wouns was
$ront-to-bac2 be#!in% the a##e%ation o$ "etitioner that he an the victim
were sie-b!-sie each other when the %ra""#in% ensue.
C*. The &ourt o$ 3""ea#s $ai#e to iscern the rea# im"ort o$ "etitioner1s
reaction to the incient when it state that the umb$oune reaction
o$ "etitioner a$ter the incient stron%#! ar%ues a%ainst his c#aim o$
accienta# shootin%.
C*(. The a""e##ate court committe %rave error when it isre%are
motive or #ac2 o$ it in eterminin% the e/istence o$ vo#untariness an
intent on the "art o$ "etitioner to shoot at the victim when the same
was "ut in serious oubt b! the evience "resente.
C*((. The &ourt o$ 3""ea#s was mista2en in ru#in% that the e$ense o$
accient an se#$-e$ense are inconsistent.
C*(((. The &ourt o$ 3""ea#s obvious#! erre in the im"osition o$ the
"ena#ties an ama%es.C
19

(n sum, the $ore%oin% issues can be narrowe own to twoB 'irst, whether the
shootin% o$ Tomas ,a#boa was the resu#t o$ an accient8 an secon, whether
"etitioner was ab#e to "rove se#$-e$ense.
T8( !ou54?+ Rul;$<
The 5etition is meritorious.
.;5+4 I++u(:
Accidental Shooting
Time#ess is the #e%a# aa%e that the $actua# $inin%s o$ the tria# court, when
a$$irme b! the a""e##ate court, are conc#usive.
1:
,oth courts "ossess time-
honore e/"ertise in the $ie# o$ $act $inin%. ,ut where some $acts are
misinter"rete or some etai#s over#oo2e, the )u"reme &ourt ma! overturn the
erroneous conc#usions rawn b! the courts a >uo. 0here, as in this case, the
$acts in is"ute are crucia# to the >uestion o$ innocence or %ui#t o$ the accuse, a
care$u# $actua# ree/amination is im"erative.
3ccient is an e/em"tin% circumstance uner 3rtic#e 12 o$ the Revise 5ena#
&oeB
C3rtic#e 12. &ircumstances which e/em"t $rom crimina# #iabi#it!. T The
$o##owin% are e/em"t $rom crimina# #iabi#it!B
/ / / / / / / / /
V4. 3n! "erson who, whi#e "er$ormin% a #aw$u# act with ue
care, causes an in.ur! b! mere accient without $au#t or
intent o$ causin% it.1C
7/em"tion $rom crimina# #iabi#it! "rocees $rom a $inin% that the harm to the
victim was not ue to the $au#t or ne%#i%ence o$ the accuse, but to circumstances
15
that cou# not have been $oreseen or contro##e.
1;
Thus, in eterminin% whether
an CaccientC attene the incient, courts must ta2e into account the ua#
stanars o$ #ac2 o$ intent to 2i## an absence o$ $au#t or ne%#i%ence. This
etermination inevitab#! brin%s to the $ore the main >uestion in the "resent caseB
was "etitioner in contro# o$ the .49 ca#iber "isto# at the ver! moment the shots
were $ireH
Petitioner Not in Control
of the Gun When It Fired
The recors show that, other than "etitioner himse#$, it was 7rna ,asa who
witnesse the incient $irsthan. +er account, narrate urin% cross-e/amination,
etai#e the events o$ that $ate$u# a$ternoon o$ =anuar! 4, 1990 as $o##owsB
The $ore%oin% account emonstrates that "etitioner i not have contro# o$ the
%un urin% the scu$$#e. The ecease "ersistent#! attem"te to wrest the wea"on
$rom him, whi#e he reso#ute#! trie to thwart those attem"ts. That the hans o$
both "etitioner an the victim were a## over the wea"on was cate%orica##! asserte
b! the e!ewitness. (n the course o$ %ra""#in% $or the %un, both hans o$ "etitioner
were $u##! en%a%e -- his ri%ht han was tr!in% to maintain "ossession o$ the
wea"on, whi#e his #e$t was warin% o$$ the victim. (t wou# be i$$icu#t to ima%ine
how, uner such circumstances, "etitioner wou# coo##! an e$$ective#! be ab#e to
re#ease the sa$et! #oc2 o$ the %un an e#iberate#! aim an $ire it at the victim.
(t wou# there$ore a""ear that there was no $irm $actua# basis $or the $o##owin%
ec#aration o$ the a""e##ate courtB CM5etitionerN amitte that his ri%ht han was
ho#in% the han#e o$ the %un whi#e the #e$t han o$ the victim was over his ri%ht
han when the %un was $ire. This ec#aration wou# sa$e#! #ea us to the
conc#usion that when the %un went o$$ herein M"etitionerN was in $u## contro# o$ the
%un.C
19
Release of the Guns Safet! "oc# and
Firing of the Gun $oth Accidental
5etitioner testi$ie that the .49 ca#iber service "isto# was e>ui""e with a sa$et!
#oc2 that, un#ess re#ease, wou# "revent the $irin% o$ the %un. Des"ite this sa$et!
$eature, however, the evience showe that the wea"on $ire an hit the victim --
not .ust once, but twice. To the a""e##ate court, this $act cou# on#! mean that
"etitioner ha e#iberate#! un#oc2e the %un an shot at the victim. This
conc#usion a""ears to be non se>uitur.
(t is unis"ute that both "etitioner an the victim %ra""#e $or "ossession o$ the
%un. This $ren<ie %ra""#in% $or the wea"on -- thou%h brie$, havin% been $inishe
in a matter o$ secons -- was $ierce an vicious. The e!ewitness account am"#!
i##ustrate the #o%ica# conc#usion that cou# not be ismisseB that in the course o$
the scu$$#e, the sa$et! #oc2 cou# have been accienta##! re#ease an the shots
accienta##! $ire.
That there was not .ust one but two shots $ire oes not necessari#! an
conc#usive#! ne%ate the c#aim that the shootin% was accienta#, as the same
circumstance can easi#! be attribute to the mechanism o$ the .49 ca#iber service
%un. 5etitioner, in his technica# escri"tion o$ the wea"on in >uestion, e/"#aine
how the is"ute secon shot ma! have been brou%ht aboutB
C/ / / 5etitioner a#so testi$ie on cross-e/amination that a ca#iber .49
semi-automatic "isto#, when $ire, immeiate#! s#ies bac2war
throwin% awa! the em"t! she## an returns immeiate#! carr!in% a%ain
a #ive bu##et in its chamber. Thus, the %un can, as it i, $ire in
succession. *eri#!, the #ocation o$, an istance between the wouns
an the tra.ectories o$ the bu##ets .ibe "er$ect#! with the c#aim o$ the
"etitionerB the tra.ector! o$ the $irst shot %oin% ownwar $rom #e$t to
ri%ht thus "ushin% ,a#boa1s u""er bo!, ti#tin% it to the #e$t whi#e ,a#boa
was sti## c#utchin% "etitioner1s han over the %un8 the secon shot
hittin% him in the stomach with the bu##et %oin% u"war o$ ,a#boa1s
bo! as he was $a##in% own an re#easin% his ho# on "etitioner1s
han / / /.C
20

Thus, the a""e##ate court1s re#iance on 5eo"#e v. Re!es
41
was mis"#ace. (n that
case, the &ourt isbe#ieve the accuse who escribe how his %un ha
e/"#oe whi#e he was sim"#! hanin% it over to the victim. +ere, no simi#ar c#aim
is bein% mae8 "etitioner has consistent#! maintaine that the %un accienta##!
$ire in the course o$ his stru%%#e with the victim. -ore si%ni$icant#!, the "resent
case invo#ves a semi-automatic "isto#, the mechanism o$ which is ver! i$$erent
$rom that o$ a revo#ver, the %un use in Re!es.
22
En#i2e a revo#ver, a semi-
automatic "isto#, as su$$icient#! escribe b! "etitioner, is "rone to accienta# $irin%
when "ossession thereo$ becomes the ob.ect o$ a stru%%#e.
Alleged Gra%%ling Not Negated
&! Frontal "ocation of Wounds
6n the basis o$ the $inin%s o$ Dr. =aboneta showin% that the wouns o$ the
ecease were a## $ronta#, the a""e##ate court re.ecte "etitioner1s c#aim that a
%ra""#in% $or the wea"on ever occurre. (t he# that Ci$ there was inee a
%ra""#in% between the two, an that the! ha been sie Mb!N sie / / / each other,
the wouns thus in$#icte cou# not have ha a $ront-to-bac2 tra.ector! which
wou# #ea to an in$erence that the victim was shot $ronta##!, as observe b! Dr.
=aboneta.C
24

6rinari#!, the #ocation o$ %unshot wouns is inicative o$ the "ositions o$ the
"arties at the "recise moment when the %un was $ire. Their "ositions wou# in
turn be re#evant to a etermination o$ the e/istence o$ variab#es such as
treacher!, a%%ression an so on.
(n the $actua# conte/t o$ the "resent case, however, the #ocation o$ the wouns
becomes inconse>uentia#. 0here, as in this case, both the victim an the accuse
were %ra""#in% $or "ossession o$ a %un, the irection o$ its no<<#e ma!
continuous#! chan%e in the "rocess, such that the tra.ector! o$ the bu##et when the
wea"on $ires becomes un"reictab#e an erratic. (n this case, the e!ewitness
account o$ that as"ect o$ the tra%ic scu$$#e shows that the "arties1 "ositions were
unstea!, an that the no<<#e o$ the %un was neither e$inite#! aime nor "ointe
at an! "articu#ar tar%et. 0e >uote the e!ewitness testimon! as $o##owsB
(n his 5etition, this e/"#anation is %iven b! "etitionerB
C/ / /. The &ourt o$ 3""ea#s erre in conc#uin% that ,a#boa was shot
$ronta##!. 'irst, because the "osition o$ the %un oes not necessari#!
inicate the "osition o$ the "erson or "ersons ho#in% the %un when it
$ire. This is es"ecia##! true when two "ersons were %ra""#in% $or the
"ossession o$ the %un when it $ire, as what e/act#! trans"ire in this
case. / / /.
CMTheN testimon! c#ear#! emonstrates that the "etitioner was on the #e$t
sie o$ the victim urin% the %ra""#in% when the %un $ire. The secon
woun was thus in$#icte this wiseB when the $irst shot hit ,a#boa, his
u""er bo! was "ushe ownwar owin% to the 2noc2in% "ower o$ the
ca#iber .49 "isto#. ,ut he i not #et %o o$ his %ri" o$ the han o$
"etitioner an the %un, ,a#boa "u##in% the %un own as he was %oin%
own. 0hen the %un went o$$ the secon time hittin% ,a#boa, the
tra.ector! o$ the bu##et in ,a#boa1s bo! was %oin% u"war because his
u""er bo! was "ushe ownwar twistin% to the #e$t. (t was then that
,a#boa #et %o o$ his %ri". 6n cross-e/amination, "etitioner testi$ie,
what ( notice was that a$ter successive shots we se"arate $rom each
other. This se>uence o$ events is #o%ica# because the "rota%onists
were %ra""#in% over the %un an were movin% ver! $ast. / / /.C
2:

Presence of All the
'le(ents of Accident
16
The e#ements o$ accient are as $o##owsB 1@ the accuse was at the time
"er$ormin% a #aw$u# act with ue care8 2@ the resu#tin% in.ur! was cause b! mere
accient8 an 4@ on the "art o$ the accuse, there was no $au#t or no intent to
cause the in.ur!.
2;
'rom the $acts, it is c#ear that a## these e#ements were "resent.
3t the time o$ the incient, "etitioner was a member -- s"eci$ica##!, one o$ the
investi%ators -- o$ the 5hi#i""ine Nationa# 5o#ice ?5N5@ statione at the (#oi#o
5rovincia# -obi#e 'orce &om"an!. Thus, it was in the #aw$u# "er$ormance o$ his
uties as investi%atin% o$$icer that, uner the instructions o$ his su"erior, he
$etche the victim $rom the #atter1s ce## $or a routine interro%ation.
3%ain, it was in the #aw$u# "er$ormance o$ his ut! as a #aw en$orcer that "etitioner
trie to e$en his "ossession o$ the wea"on when the victim suen#! trie to
remove it $rom his ho#ster. 3s an en$orcer o$ the #aw, "etitioner was ut!-boun to
"revent the snatchin% o$ his service wea"on b! an!one, es"ecia##! b! a etaine
"erson in his custo!. )uch wea"on was #i2e#! to be use to $aci#itate esca"e an
to 2i## or maim "ersons in the vicinit!, inc#uin% "etitioner himse#$.
5etitioner cannot be $au#te $or ne%#i%ence. +e e/ercise a## the necessar!
"recautions to "revent his service wea"on $rom causin% accienta# harm to
others. 3s he so assiuous#! maintaine, he ha 2e"t his service %un #oc2e
when he #e$t his house8 he 2e"t it insie its ho#ster at a## times, es"ecia##! within
the "remises o$ his wor2in% area.
3t no instance urin% his testimon! i the accuse amit to an! intent to cause
in.ur! to the ecease, much #ess 2i## him. 'urthermore, Nicostrato 7ste"ar, the
%uar in char%e o$ the etention o$ ,a#boa, i not testi$! to an! behavior on the
"art o$ "etitioner that wou# inicate the intent to harm the victim whi#e bein%
$etche $rom the etention ce##.
The "artici"ation o$ "etitioner, i$ an!, in the victim1s eath was #imite on#! to acts
committe in the course o$ the #aw$u# "er$ormance o$ his uties as an en$orcer o$
the #aw. The remova# o$ the %un $rom its ho#ster, the re#ease o$ the sa$et! #oc2,
an the $irin% o$ the two successive shots -- a## o$ which #e to the eath o$ the
victim -- were su$$icient#! emonstrate to have been conse>uences o$
circumstances be!on the contro# o$ "etitioner. 3t the ver! #east, these $actua#
circumstances create serious oubt on the #atter1s cu#"abi#it!.
Petitioners Su&se)uent Conduct
Not Conclusi*e of Guilt
To both the tria# an the a""e##ate courts, the conuct o$ "etitioner immeiate#!
a$ter the incient was inicative o$ remorse. 3##e%e#!, his %ui#t was evient $rom
the $act that he was Cumb$oune,C accorin% to the &38 was Cmum, "a#e an
tremb#in%,C accorin% to the tria# court. These behaviora# reactions su""ose#!
"oint to his %ui#t. Not necessari#! so. +is behavior was unerstanab#e. 3$ter a##, a
minute ear#ier he ha been ca#m#! escortin% a "erson $rom the etention ce## to
the investi%atin% room8 an, in the ne/t breath, he was #oo2in% at his com"anion1s
b#ooie bo!. +is reaction was to be e/"ecte o$ one in a state o$ shoc2 at
events that ha trans"ire so swi$t#! an ene so re%rettab#!.
S(9o$% I++u(:
Self+Defense
5etitioner avance se#$-e$ense as an a#ternative. Grantin% ar%ueno that he
intentiona##! shot ,a#boa, he c#aims he i so to "rotect his #i$e an #imb $rom rea#
an immeiate an%er.
)e#$-e$ense is inconsistent with the e/em"tin% circumstance o$ accient, in which
there is no intent to 2i##. 6n the other han, se#$-e$ense necessari#! contem"#ates
a "remeitate intent to 2i## in orer to e$en onese#$ $rom imminent an%er.
28
3""arent#!, the $ata# shots in the instant case i not occur out o$ an! conscious
or "remeitate e$$ort to over"ower, maim or 2i## the victim $or the "ur"ose o$ se#$-
e$ense a%ainst an! a%%ression8 rather, the! a""eare to be the s"ontaneous
an accienta# resu#t o$ both "arties1 attem"ts to "ossess the $irearm.
)ince the eath o$ the victim was the resu#t o$ an accienta# $irin% o$ the service
%un o$ "etitioner -- an e/em"tin% circumstance as e$ine in 3rtic#e 12 o$ the
Revise 5ena# &oe -- a $urther iscussion o$ whether the assai#e acts o$ the
#atter constitute #aw$u# se#$-e$ense is unnecessar!.
>HERE.ORE, the 5etition is GRANTED an the assai#e Decision REVERSED.
5etitioner is A!@UITTED.
No costs.
!ASE DIGEST ON 'EO'LE *. DORIA /A01 S!RA 660 1199923
H Two civi#ian in$ormants in$orme the 5N5 Narcom that one F=un was
en%a%e in i##e%a# ru% activities an the Narcom a%ents ecie to entra" an
arrenst F=unG in a bu!-bust o"eration.
H 6n the a! o$ entra"ment, 564 -an#an%it hane F=unG the mar2e bi##s
an F=unG instructe 564 -an#an%it to wait $or him whi#e he %ot the mari.uana
$rom his associate.
H 0hen the! met u", F=unG %ave 564 somethin% wra""e in "#astic u"on
which 564 arreste F=unG. The! $ris2e =un but i not $in the mar2e bi##s on
him. F=unG revea#e that he #e$t the mone! at the house o$ his associate name
FnenethG
H The! wen to Neneth1s house. 564 -an#an%it notice a carton bo/ uner
the inin tab#e an notice somethin% wra""e in "#astic insie the bo/.
H )us"icious, 564 entere the house an too2 ho# o$ the bo/ an $oun
that it ha 10 bric2s o$ what a""eare to be rie mari.uana #eaves.
H )imu#taneous#!, )561 ,aua recovere the mar2e bi##s $rom Neneth.
The "o#icemen arreste Neneth an too2 both her an =un, to%ether with the co<,
its contents an the mar2e bi## an turne them over to the investi%ator at
hea>uarters,
H =un was then #earne to be '#orencio Doria whi#e Neneth is *io#ata
Gaao.
H The! were both convicte $e#onious#! se##in%, aministerin% an %ivin%
awa! to another 11 "#astic ba%s o$ sus"ecte mari.uana $ruitin% to"s, in vio#ation
o$ R.3 :429, as amene b! R3 ;:99
(ssueB 06N *io#eta Gaao is #iab#e
H 7ntra"ment is reco%ni<e as a va#i e$ense that can be raise b! an
accuse W "arta2es the nature o$ a con$ession W avoiance.
H 3merican $eera# courts an state courts usua##! use the Fsub.ectiveG or
Fori%in o$ intentG test #ai own in )orre##s v. E.). to etermine whether
entra"ment actua##! occurre. The $ocus o$ the in>uir! is on the accuse1s
"reis"osition to commit the o$$ense is char%e, his state o$ min an inc#ination
be$ore his initia# e/"osure to %overnment a%ents.
H 3nother test is the ob.ective test where the test o$ entra"ment is whether
the conuct o$ the #aw en$orcement a%enst was #i2e#! to inuce a norma##! #aw-
abiin% "erson, other than one who is rea! an wi##in%, to commit the o$$ense.
H The ob.ective test in bu!-bust o"erations emans that the etai#s o$ the
"ur"orte transaction must be c#ear#! W ae>uate#! shown. &ourts shou# #oo2 at
a## $actors to etermine the "reis"osition o$ an accuse to commit an o$$ense in
so $ar as the! are re#evant to etermine the va#it! o$ the e$ense o$ inucement.
17
H (n the case at bar, Gaao was not cau%ht re-hane urin% the bu!-
bust o"eration to %ive %roun $or her arrest uner )ec. 9a o$ Ru#e 114. )he was
not committin% an! crime. &ontrar! to the $inin% o$ the T&, there was no
occasion at a## $or Gaao to $#ee $rom the "o#icement to .usti$! her arrest in Fhot
"ursuitG
H Neither cou# her arrest ne .usti$ie uner secon instance o$ F"ersona#
2now#e%eG in Ru#e 114 as this must be base u"on "robab#e cause which means
an actua# be#ie$ or reasonab#e %rouns $or sus"icion. Gaao was arreste so#e#!
on the basis o$ the a##e%e inenti$ication mae b! her co-accuse. 564
-an#an%t, however, ec#are in his irect e/amination that a""e##ant Doria name
his co-accuse in res"onse to his >uer! as to where the mar2e mone! was.
Doria i not "oint to Gaao as his associate in the ru% business, but as the
"erson with whom he #$et the mar2e bi##s. This ienti$ication oes not necessari#!
#ea to the conc#usion that Gaao cons"ire with Doria in "ushin% ru%s, ($ there
is no showin% that the "erson who e$$ecte the warrant#ess arrest ha, in his own
ri%ht, 2now#e%e o$ the acts im"#icatin% the "erson arreste to the "er"etration o$
a crimina# o$$ense, the arrest is #e%a##! ob.ectionab#e.
H 'urthermore, the $act that the bo/ containin% about : 2i#os o$ mari.uana
was $oun in Gaao1s house oes not .usti$! a $inin% that she herse#$ is %ui#t! o$
the crime char%e.
H The "rosecution thus ha $ai#e to "rove that Gaao cons"ire with Doria
in the sa#e o$ the sai ru%. Thus, Gaao is ac>uitte
!ASE DIGEST ON 'EO'LE *. DIOBNO /6A '8;l. 601 119A623
'actsB Ou +ion%, a &hinaman, ha e#o"e with the au%hter o$ 7"i$anio Dio2no.
Later when the Ou +ion% saw the 7"i$anio an his son, Roman, comin%, Ou +ion%
ran u"stairs in his house. ,ut was cau%ht b! two an stabbe unti# Ou +ion%1s
nei%hbor noti$ie the "o#ice who res"one to the crime.
+e#B There are 4 miti%atin% circumstances. 'irst, the "resence o$ the $i$th
miti%atin% circumstance o$ R5& 314, that is, immeiate vinicaXtion o$ a %rave
o$$enseSma! be ta2en into consieration in $avor o$ the 2 accuse, because
a#thou%h the e#o"ement too2 "#ace on =an. 4, 1949, W the a%%ression on the ;th
o$ sai month W !ear, the o$$ense in1t cease whi#e ?the abucte au%hter1s@
whereabouts remaine un2nown W her marria%e to the ecease un#e%a#i<e.
There$ore, there was no interru"tion $rom the time the o$$ense was committe to
the vinicaXtion thereo$. The accuse be#on%s to a $ami#! o$ o# customs to whom
the e#o"ement o$ a au%hter wI a man constitutes a %rave o$$ense to their honor W
causes isturbance o$ the "eace W tran>ui#it! o$ the home W at the same time
s"reas unXeasiness W an/iet! in the mins o$ the members thereo$.
The :th miti%atin% circumstance o$ havin% acte u"on an im"u#se so "ower$u# as
natura##! to have "rouce "assion or ob$uscation, ma! a#so be a""reciate. That
the accuse saw Ou +ion% run u"stairs when he became aware o$ their "resence,
as i$ he re$use to ea# with them a$ter havin% %rave#! o$$ene them, was
certain#! a stimu#us stron% enou%h to "rouce in their min a $it o$ "assion which
b#ine them an #e them to commit the crime wI which the! are char%e.
*inication o$ %rave o$$ense cannot co-e/ist wI "assion W ob$uscation. ,ut where
there are other $acts, a#thou%h c#ose#! connecte wI the $act u"on which one
circumstance is "remise, the other circumstance ma! be a""reciate as base
on the other $act. There are two $acts which are c#ose#! connecte, name#!B ?1@
e#o"ement, which is a %rave o$$ense to a $ami#! o$ o# customs, W ?2@ re$usa# to
ea# with him, a stimu#us stron% enou%h to "rouce in his min a $it o$ "asXsion.
Thus, the miti%atin% circumstance o$ vinication o$ a %rave o$$ense was base on
the $act o$ e#o"eXment W that o$ "assion on the $act that the ecease, instea o$
meetin% him W as2in% $or $or%iveness, ran awa! $rom the accuse.
The ;th circumstance o$ R5& 314, consistin% o$ havin% surrenere himse#$
immeiate#! to the a%ents o$ "ersons in authorit!, shou# a#so be ta2en into
consieration in $avor o$ 7"i$anio.
,oth shou# be %rante the bene$its o$ the ineterminate sentence "rovie in 3ct
No. 4104, as amene b! 3ct No. 4229, which "rescribes a "ena#t! the minimum
o$ which sha## be ta2en $rom that ne/t #ower to "rision ma!or, or "rision
correcciona# o$ $rom : mos W 1 a! to : !rs. Ener the circumstances o$ the case,
the! are thus sentence to an ineterminate "ena#t! $rom 1 !ears W 2 a!s o$
"rision correcciona# to 8 !ears W 1 a! o$ "rision ma!or, creitin% them with one-
ha#$ o$ the time urin% which the! have uner%one "reventive im"risonment W to
inemni$! the heirs o$ the ecease.
G.R. No. L-A224A A)5;l 1, 1900
THE 'EO'LE O. THE 'HILI''INES vs.EUGENIO !RISOSTO"O,
GAN!AY!O, J.:
6n &hristmas a!, December 29, 19:;, between :B00 an ;B00 oA c#oc2 in the
evenin% at )to. Rosario, +a%ono!, ,u#acan, whi#e 7u%enio &risostomo was
"assin% near the house o$ Romeo Geronimo, he met the #atter an invite him to
have a rin2 in the "#ace o$ a $rien. Romeo ec#ine the o$$er. )uen#! 7u%enio
rushe towars Romeo who was then stanin% near a store $acin% the street with
his bac2 towars 7u%enio an shot him with a .22 ca#iber revo#ver at a istance o$
one ?1@ meter. The bu##et entere about two ?2@ inches be#ow the a/i##a ?arm"it@
an came out on the ri%ht sie o$ the chest about one ?1@ inch to the sternum.
Romeo $e## to the %roun morta##! woune whi#e 7u%enio ran awa!. ,!-staners
who were near the "#ace such as De#$in Lo"e<, 7rnesto Tri##ana 3"o#onio )antos
an -anue# Tama!o an others who were a## $riens o$ both the victim an
assai#ant came to the ai o$ the $a##en victim an brou%ht him to the Re!es
+os"ita# at the 5ob#acion o$ +a%ono! where the octor "ronounce the victim
ea u"on arriva#. Thus, the! brou%ht the victimAs bo! to his home.
3n in$ormation $or murer was $i#e b! the "rovincia# $isca# in the &ourt o$ 'irst
(nstance ?&'(@ o$ ,u#acan a%ainst 7u%enio &risostomo char%in% him o$ the crime
o$ murer as $o##owsB
That on or about the 29th a! o$ December, 19:;, in the
munici"a#it! o$ +a%ono!, "rovince o$ ,u#acan, 5hi#i""ines,
an within the .urisiction o$ this +onorab#e &ourt, the sai
accuse 7u%enio &risostomo, arme with a $irearm an
with intent to 2i## one Romeo 'e#i"e Geronimo, i then an
there un#aw$u##! an $e#onious#!, with evient "remeitation
an treacher!, attac2, assau#t an shoot the sai Romeo
'e#i"e Geronimo with the $irearms he was then "rovie,
hittin% the #atter on the chest, causin% serious "h!sica#
in.uries thereon, which irect#! cause the eath o$ the sai
Romeo 'e#i"e Geronimo.
3$ter the arrai%nment wherein accuse entere a "#ea o$ not %ui#t! an a%ain
urin% the tria#, the accuse si%ni$ie his intention to withraw his "#ea o$ not %ui#t!
to the char%e o$ murer an to substitute it with a "#ea o$ %ui#t! to a #esser char%e
o$ homicie an "ra!e that he be a##owe to "rove the miti%atin% circumstances.
The same "#ea was mae b! the accuse a$ter the "rosecution ha reste its
case but the $isca# i not a%ree. Thus the court enie the "etition.
3 ecision was renere on -arch 28, 19:9 convictin% the accuse o$ the o$$ense
char%e, the is"ositive "ortion o$ which reas as $o##owsB
(N *(70 6' T+7 '6R7G6(NG &6N)(D7R3T(6N), the
court $ins the accuse 7EG7N(6 &R()6)T6-6 %ui#t!
be!on reasonab#e oubt o$ the crime o$ -ERD7R,
"unishe uner 3rt. 248 o$ the Revise 5ena# &oe,
without an! moi$!in% circumstance an hereb! sentences
him to Reclusion Perpetua$ with the accessories o$ the #awB
to inemni$! the heirs o$ the ecease in the sum o$
T07L*7 T+6E)3ND 57)6) ?512,000.00@8 an to "a!
the costs.
18
Not satis$ie therewith the accuse now inter"ose this a""ea# a##e%in% that the
tria# court committe the $o##owin% assi%ne errorsB
(
T+7 L607R &6ERT 7RR7D (N '(ND(NG T+3T
D7'7ND3NT- 3557LL3NT +3) 3D-(TT7D +3*(NG
K(LL7D R6-76 G7R6N(-6, (N)T73D 6' L(-(T(NG (T)
'(ND(NG T6 T+7 TRE7 7UT7NT 6' +() 3D-())(6N.
((
T+7 L607R &6ERT 7RR7D (N '(ND(NG T+3T T+7R7
() 7*(D7N&7 ,7O6ND R73)6N3,L7 D6E,T T+3T
D7'7ND3NT-3557LL3NT K(LL7D R6-76 G7R6N(-6,
(N)T73D 6' '(ND(NG T+3T N6 7*(D7N&7 +3D ,77N
5R7)7NT7D 3) T6 T+7 3&TE3L &3E)7 6' D73T+,
T+7R7 +3*(NG ,77N N6 3ET65)O 57R'6R-7D 6N
T+7 ,6DO 6' R6-76 G7R6N(-6.
(((
T+7 L607R &6ERT 7RR7D (N '(ND(NG T+3T
D7'7ND3NT- 3557LL3NT +3D 3&T7D 0(T+
TR73&+7RO.
(*
T+7 L607R &6ERT 7RR7D (N N6T '(ND(NG T+3T
D7'7ND3NT- 3557LL3NT () 7NT(TL7D T6 T+7
-(T(G3T(NG &(R&E-)T3N&7 6' DRENK7NN7)).
*
T+7 L607R &6ERT 7RR7D (N N6T 355R7&(3T(NG (N
'3*6R 6' 3557LL3NT T+7 -(T(G3T(NG
&(R&E-)T3N&7 6' *6LENT3RO )ERR7ND7R.
*(
T+7 L607R &6ERT 7RR7D (N N6T 355R7&(3T(NG
D7'7ND3NT-3557LL3NTA) 6''7R T6 5L73D GE(LTO
T6 T+7 &+3RG7 6' +6-(&(D7 ?T+7 TRE7 &R(-7
&6--(TT7D (' 6N7 +3D (N '3&T ,77N &6--(TT7D
3) 3 -(T(G3T(NG &(R&E-)T3N&7.
*((
T+7 L607R &6ERT 7RR7D (N N6T &R7D(T(NG
D7'7ND3NT-3557LL3NT 0(T+ T+7 5R(*(L7G7D
-(T(G3T(NG &(R&E-)T3N&7 6' 5R7)7N&7 6' T06
6RD(N3RO -(T(G3T(NG &(R&E-)T3N&7) 0(T+6ET
T+7 5R7)7N&7 6' 3NO 3GGR3*3T(NG
&(R&E-)T3N&7.
Ener the $irst assi%ne error a""e##ant c#aims that the tria# court erre in $inin%
that he amitte havin% 2i##e the victim.
Testi$!in% in his e$ense the a""e##ant c#aims that at the time o$ the incient when
he saw the victim he "#a!e a .o2e on him b! rawin% his %un $rom his waist an
"ointin% the same to the victim but the %un suen#! went o$$, its bu##et hittin% the
victim. Ta2en b! sur"rise he $#e.
No oubt $rom the sai version o$ the a""e##ant he e$$ective#! amitte havin%
shot the victim Romeo Geronimo. (n $act he $#e $rom the scene o$ the crime u"on
rea#i<in% the %ravit! o$ what he ha committe. (t is c#ear that it was that sin%#e
shot that $e##e the victim which was the immeiate cause o$ his eath.
(nee, urin% the tria# an as #ate as a$ter the "rosecution ha reste its case,
the a""e##ant o$$ere to withraw his "#ea o$ not %ui#t! an substitute it with a "#ea
o$ %ui#t! o$ the #essor o$$ense o$ homicie but the "rosecution re$use to a%ree
with his "ro"osa#.
Ener the secon assi%ne error the a""e##ant c#aims that as no auto"s! was
"er$orme on the bo! o$ the victim the "rosecution has not estab#ishe the actua#
cause o$ eath o$ the victim. +e contens that the eath certi$icate o$ the victim
?7/hibit 3@ to which he o$$ere no ob.ection is amissib#e on#! to estab#ish the $act
o$ eath not the cause o$ the eath o$ the victim. +e $urther avers that the
testimon! o$ Dr. =uan )antos who e/amine the bo! o$ the victim but i not
"er$orm an auto"s! shows that he i not >ua#i$! as an e/"ert witness8 an even
i$ he were an e/"ert witness there was no basis $or him to rener an o"inion as to
the cause o$ eath o$ the victim. 'urther, a""e##ant a##e%es that Dr. )antos
mentione two ?2@ wouns o$ i$$erent si<es but otherwise with e/act#! ientica#
characteristics $rom which the "ossibi#it! ma! be euce that the victim ma!
have been shot twice, the secon time b! a "erson other than the a""e##ant.
These ar%uments are evoi o$ merit.
Dr. )antos, who was then the munici"a# hea#th o$$icer o$ +a%ono!, ,u#acan,
cate%orica##! testi$ie that the cause o$ eath o$ the ecease was a throu%h an
throu%h %unshot woun which was cause b! a bu##et.
1
3#thou%h he ma! not be
an e/"ert witness, as a "h!sician an hea#th o$$icer he is certain#! >ua#i$ie to %ive
an o"inion as to the cause o$ eath o$ the victim. +e e/terna##! e/amine the bo!
o$ the ecease on the same ni%ht o$ the incient, an $oun no other si%n o$
e/terna# vio#ence e/ce"t the shot woun.
2
Ener such circumstances, one nee
not be an e/"ert to rener an o"inion that the sai %unshot woun was the cause
o$ eath o$ the victim.
&ontrar! to the contention o$ the a""e##ant, Dr. )antos "ointe out the i$$erence
between the two ?2@ wouns on the bo! o$ the victim in that the #e$t a/i##a woun
was on#! 2.9 mi#imeters, whi#e the ri%ht chest woun was 8 mi#imeters in iameter8
that the $ormer was roun whi#e the #atter was ova#8 an that the $ormer was ee"
whi#e the #atter was sha##ower +e enie that the wouns were o$ ientica#
a""earance.
A
Dr. )antos em"hasi<e that the #e$t a/i##a woun is the "oint o$
entr! o$ the bu##et whi#e the ri%ht chest woun is its "oint o$ e/it an that the sai
wouns were cause b! one bu##et. The tra.ector! o$ the bu##et was $rom the #e$t
a/i##a to the ri%ht chest.
4
The s"ecu#ation o$ the a""e##ant that the victim ma!
have been shot twice is thus tota##! without basis.
The eath certi$icate an the notes issue b! Dr. )antos a$ter his e/terna#
e/amination o$ the bo! o$ the victim estab#ish the cause o$ eath o$ the
ecease contrar! to the contention o$ the a""e##ant.

(n this .urisiction such

eath certi$icate an notes issue b! sai munici"a# hea#th o$$icer in the re%u#ar
"er$ormance o$ his ut! are prima facie evience o$ the cause o$ eath o$ the
victim.
6
-oreover, the sai eath certi$icate is not on#! con$irme b! the testimon! o$ Dr.
)antos an b! two ?2@ e!ewitnesses -anue# Tama!o an De#$in Lo"e< who
state that the! saw the a""e##ant rush at the victim an suen#! shoot him8 that
the victim $e## own a$ter he was hit8 an that the! brou%ht him to the hos"ita# but
the octor "ronounce him ea on arriva#. These two witnesses are mutua#
$riens o$ both the ecease an the a""e##ant so that their testimonies are $ree
$rom an! sus"icion o$ bias or "re.uice.
The a""e##ant assai#s the $inin%s o$ the court a quo that he acte with treacher!
in the commission o$ the o$$ense as a thir assi%ne error. +e contens that whi#e
it ma! be true that he suen#! attac2e the victim, it oes not a""ear that he ha
conscious#! ao"te the moe o$ attac2 intene to $aci#itate the "er"etuation o$
the o$$ense without ris2 to himse#$. (n $act a""e##ant c#aims that he was run2 an
19
as such he cou# not have re$#ecte on the s"ecia# means o$ the e/ecution o$ the
act.
There is treacher! when the o$$ener commits an! o$ the crimes a%ainst the
"erson, em"#o!in% means, metho or $orms in the e/ecution thereo$ which ten
irect#! an s"ecia##! to insure its e/ecution, without ris2 to himse#$ arisin% $rom
the e$ense which the o$$ene "art! mi%ht ma2e.
6
The suenness o$ the attac2 oes not, o$ itse#$, su$$ice to su""ort the $inin%s o$
alevosia.
0
There must be evience that the moe o$ attac2 was conscious#!
ao"te b! the a""e##ant to ma2e it im"ossib#e or har $or the "erson attac2e to
e$en himse#$ or reta#iate.
9
(n the "resent case, the a""e##ant amitte that he ha a "revious a#tercation with
the victim wherein he was hit b! the ecease with a bott#e because o$ certain
i$$erences the! ha in a bi##iar ha## a#thou%h he c#aime to have resume
$rien#! re#ations with the victim therea$ter.
10
Neverthe#ess, at the time o$ the
incient, the a""e##ant went throu%h the motion o$ invitin% the victim to .oin him in
a rin2in% s"ree which the victim ec#ine an then suen#!, without an!
ceremon!, he shot the victim whi#e his ?the victimAs@ bac2 was turne. The
a""e##ant use a %un, a #etha# wea"on to insure his esi%n to 2i## the victim. +e
$ire at him at a short istance aimin% at a vita# s"ot o$ his bo!. The victim was
unarme. 'rom the environmenta# circumstances o$ the case, alevosia has been
$u##! estab#ishe.
11
Ener the $ourth assi%ne error a""e##ant a##e%es that he is entit#e to the
miti%atin% circumstance o$ run2enness. +e asserts that he ha been rin2in%
$rom one oAc#oc2 in the a$ternoon on that &hristmas a! an that he ha been
run2 $ive ?9@ times in his entire #i$e so that it is not habitua#.
Ener 3rtic#e 19 o$ the Revise 5ena# &oe, into/ication o$ the o$$ener sha## be
ta2en into consieration as a miti%atin% circumstance when the o$$ener
committe a $e#on! in a state o$ into/ication, i$ the same is not habitua# or
subse>uent to the "#an to commit sai $e#on!. 6therwise when habitua# or
intentiona#, it sha## be consiere as an a%%ravatin% circumstance.
The a##e%ation o$ the a""e##ant that he was run2 when he committe the o$$ense
is se#$-servin% an uncorroborate. ,esies, a""e##ant amitte that at that time
he was on#! i<<!,
12
an that he was on the wa! to another rin2in% s"ree.
6bvious#! he ha not run2 enou%h. +e remembers the etai#s o$ the shootin%,
the time it starte an ene, how much wine he imbibe an the "ersons who
were with him. +e rea#i<e the %ravit! o$ the o$$ense he committe so he $#e an
hi $rom the authorities. +e sou%ht sanctuar! in the cha"e# o$ )to. Rosario,
boare a tric!c#e %oin% to the poblacion an too2 a La -a##orca bus to -ani#a. 3##
these are acts o$ a man whose menta# ca"acit! has not been im"aire.
3s the $i$th assi%ne error a""e##ant ar%ues that he shou# be creite with the
miti%atin% circumstance o$ vo#untar! surrener statin% that a#thou%h he hi himse#$
$rom the authorities $or ten ?10@ a!s, he vo#untari#! surrenere to the authorities
therea$ter u"on the avice o$ his "arents.
The re>uisites o$ vo#untar! surrener areB ?a@ that the o$$ener ha not actua##!
been arreste8 ?b@ that the o$$ener surrenere himse#$ to a "erson in authorit! or
the #atterAs a%ent8 an ?c@ that the surrener was vo#untar!.
1A
The testimon! o$ the a""e##ant is not is"ute b! the "rosecution that whi#e in
hiin%, u"on the avise o$ his "arents, he vo#untari#! surrenere on =anuar! 4,
19:8, so he was etaine in the munici"a# .ai# o$ +a%ono!.
14
The &ourt a%rees
that the a""e##ant is entit#e to this miti%atin% circumstance.
+owever, he cannot be creite with the miti%atin% circumstance o$ a "#ea o$
%ui#t! to a #esser o$$ense o$ the char%e o$ homicie as invo2e uner the si/th
assi%ne error. The re>uisites o$ the miti%atin% circumstance o$ vo#untar! "#ea o$
%ui#t! areB ?1@ that the o$$ener s"ontaneous#! con$esse his %ui#t8 ?2@ that the
con$ession o$ %ui#t was mae in o"en court, that is, be$ore the com"etent court
that is to tr! the case8 an ?4@ that the con$ession o$ %ui#t was mae "rior to the
"resentation o$ evience $or the "rosecution.
1
(n the "resent case the a""e##ant o$$ere to enter a "#ea o$ %ui#t! to the #esser
o$$ense o$ homicie on#! a$ter some evience o$ the "rosecution ha been
"resente. +e reiterate his o$$er a$ter the "rosecution reste its case. This is
certain#! not miti%atin%.
16
(n the #i%ht o$ the $ore%oin% iscussion, the seventh assi%ne error where the
a""e##ant c#aims that he shou# be entit#e to the "rivi#e%e miti%atin%
circumstance is conse>uent#! without merit.
The o$$ense committe is the crime o$ murer as the 2i##in% was >ua#i$ie b!
treacher!.
16
&onsierin% that the commission o$ the o$$ense is attene b! the
miti%atin% circumstance o$ vo#untar! surrener, a""#!in% the (neterminate
)entence Law, the a""e##ant is hereb! im"ose the ineterminate "ena#t! o$
im"risonment o$ Ten ?10@ Oears an 6ne ?1@ Da! o$ prision mayor as minimum to
)eventeen ?1;@ Oears, 'our ?4@ -onths, an 6ne ?1@ Da! o$ reclusion temporal as
ma/imum. The inemnit! $or the eath o$ the victim is increase to 540,000.00.
0+7R7'6R7, with the above moi$ication as to the "ena#t! an inemnit!, the
ecision a""ea#e $rom is 3''(R-7D in a## other res"ects, with costs a%ainst
accuse-a""e##ant.
G.R. No. L-20106 "#598 1, 1966
'EO'LE O. THE 'HILI''INES, "#ainti$$, vs.TO"AS NAVAS!A, .LOREN!IO
GERALDES, LORENCO SO&ERANO #$% "ANUEL "AR@UEC, e$enants.
'ER !URIA":
6n December 18, 19:2, Tomas Navasca, '#orencio Gera#es, Loren<o )oberano
an -anue# -ar>ue< were char%e with the crime o$ robber! with homicie
committe b! a ban be$ore the &ourt o$ 'irst (nstance o$ Davao, ,ranch (((
?&rimina# &ase ;;12@, the in$ormation reain% as $o##owsB
That on or about -arch 1;, 1999, in the -unici"a#it! o$ ,ansa#an, 5rovince o$
Davao, 5hi#i""ines, an within the .urisiction o$ this &ourt, the abovementione
accuse, a## arme with ea#! wea"ons, cons"irin%, con$eeratin% to%ether an
he#"in% one another, an with intent to %ain an b! means o$ $orce u"on thin%s
an vio#ence a%ainst "ersons, i then an there wi#$u##!, un#aw$u##! an crimina##!
ta2e, stea# an carr! awa! the sum o$ 6ne Thousan 7i%ht +unre ?51,800.00@
5esos be#on%in% to Go )o a#ias 603, to the ama%e an "re.uice o$ the #atter in
the a$oresai amount, an on the same occasion thereo$, an in "ursuance o$
sai cons"irac!, the abovementione accuse, with intent to 2i## i then an
there wi#$u##!, un#aw$u##! an crimina##! attac2, assau#t an shoot sai G6 )6 a#ias
603, thereb! in$#ictin% u"on him in.uries which cause his eath.
,e$ore arrai%nment, the commitment o$ the accuse Tomas Navasca to the
Nationa# -enta# +os"ita# was orere an "roceein%s a%ainst him sus"ene
a$ter the court ha a.u%e him as su$$erin% $rom menta# isorer, on the
stren%th o$ the re"ort an recommenation o$ a court-a""ointe octor ?7/hibit
C3C@, an a$ter the court ha satis$ie itse#$ Cthat he cannot unerstan the nature
o$ the "roceein%s to be conucte a%ainst him.C
Due tria# "roceee a%ainst the remainin% accuse, an on =anuar! ;, 19::, the
court renere its ecision, the is"ositive, "ortion o$ which reas as $o##owsB
0+7R7'6R7, in con$ormit! to 3rt. 294, "ara%ra"h 1 in re#ation to 3rt. 29: o$ the
Revise 5ena# &one, the accuse 'L6R7N&(6 G7R3LD7) an -3NE7L
-3RPE7Y sentence each o$ them to the su"reme an e/treme "ena#t! o$
eath.
20
,! reason o$ the "ena#t! im"ose, this case is now be$ore us on automatic
a""ea#.
'rom the e/tra-.uicia# amission ?7/hibit C,C@ an testimon! o$ Loren<o
)oberano, the $o##owin% $acts can be %athere.
3t about 9B00 oAc#oc2 in the a$ternoon o$ -arch 1;, 1999 on his wa! home a$ter
bu!in% DDT $or his corn, he saw his co-accuse sittin% on the roa b! the river at
,o. Ri<a#B -anue# -ar>ue< ho#in% a thom"son, Tomas Navasca arme with a
"isto# an '#orencio Gera#es carr!in% a carbine. +e bou%ht tuba as re>ueste b!
Navasca an a$ter the same was consume b! Navasca an Gera#es, he was
invite to %o with the %rou" to serenae. 6n their wa!, as the! "asse the house
o$ a certain 5rimo, the #atter was s#a""e b! Navasca an threatene with a 49
ca#. "isto# shou# he not consent to %o with the %rou" to rob. 6ut o$ $ear, he i
not re$use an as the! reache the house o$ their intene victim, he was %iven a
huntin% 2ni$e b! Navasca an to# to stan %uar outsie the house. 'rom where
he stoo, he hear %unshots comin% $rom the house, a$ter which his com"anions
went out o$ the same an the! a#to%ether $#e.
'rom the account o$ -rs. =ose$a De#e.eros, wiow o$ Go )o, the $o##owin%
trans"ire insie their house which #e to the robber! an eath o$ her husban.
3t about :B00 oAc#oc2 in the evenin% o$ -arch 1;, 1999, she was havin% inner
with her husban Go so at their house in &urbaa, ,ansa#an, when three "ersons
arme with CshortC an C#on%C Cartic#esC entere their house, orere them to %o
u"stairs an irecte her husban to o"en a trun2 where their mone! was 2e"t.
Go )o %ave the mone! amountin% to 51,800.00 to the men, a$ter which the man
with the Cshort artic#eC $ire at Go )o man! times. The #on% artic#esC were not
use. 3$ter shootin% the victim, the men $#e, an her husban was brou%ht to the
,ro2enshire -emoria# +os"ita# where he ie as a resu#t o$ C%unshot woun
throu%h an throu%h, with invo#vement o$ abomina# or%ansC an severe,
seconar! hemorrha%e ?7/hibit C&C@. The witness $urther testi$ie that because o$
$ear, she cou# neither (enti$! the arme men who shot an rob her husban, nor
remember their si<e an hei%ht ?t.s.n. =anuar! 14, 19:9, ". 89@.
'rom the recors o$ the case, the vita# #in2 between the accuse an the crime
consists in the e/tra-.uicia# con$ession o$ '#orencio Gera#es ?7/hibit C3C@ an
the e/tra-.uicia# amission ?7/hibits C,C W C,-1C@ an testimon! o$ Loren<o
)oberano in court. Notab#!, both Gera#es an )oberano re"uiate their
res"ective statements, c#aimin% that their so-ca##e statements were "re"are b!
the "o#ice an that the! were com"e##e to a$$i/ their si%natures thereto a$ter the!
ha been ma#treate, an, in the case o$ )oberano, a$ter he ha, in aition, been
"romise $reeom.
3$ter a meticu#ous stu! o$ the recors an mature e#iberation, it is unnecessar!
$or us to iscuss the >uestion s>uare#! raise b! Gera#es re%arin% the
vo#untariness an truth o$ his statement ?7/hibit C3C@, $or it is our view that even
without the e/tra-.uicia# statement o$ Gera#es, the e/tra-.uicia# statement an
testimon! o$ Loren<o )oberano in o"en court, corroborate b! the other evience
$or the "rosecution, su$$ice to .usti$! the a$$irmance o$ the conviction o$ a## the
accuse b! the tria# court.
0e cannot sustain the ar%ument o$ Loren<o )oberano that his statement was
"re"are b! the &hie$ o$ 5o#ice an that he a$$i/e his thumbmar2 thereto a$ter he
ha been ma#treate an "romise $reeom because there are certain
characteristic $eatures in his statement that re$ute his c#aim o$ invo#untariness. To
cite a $ewB ($ it be true that the "o#ice "re"are his statement, it wou# not contain
etai#s which are inconsistent with the etai#s mentione in the e/tra-.uicia#
con$ession o$ Gera#es. ,ut inconsistencies o e/ist between the statements o$
Gera#es an )oberano. Thus, sai Gera#esB
6n the other han, )oberano state that even be$ore he 2new o$ the "#an to rob
an even be$ore the! starte on their wa!, '#orencio Gera#es was a#rea! with
the %rou" o$ Navasca, -ar>ue< an another "erson whom he i not 2now.
3nother reason which ar%ues a%ainst the invo#untariness o$ )oberanoAs statement
is that it contains etai#s which on#! he istinct#! 2now such as his "revious
conviction $or the the$t a "#ow an the number o$ !ears o$ his sentence. ,esies,
com"#aine o$ the ma#treatment an the a##e%e on#! a$ter he ha "revious#!
testi$ie an ha been the tria# court. +ereto$ore, this &ourt has he# that these
$eatures in an e/tra-.uicia# amission are "roo$s not o$ invo#untariness an $a#sit!
but rather o$ vo#untariness an truth.
1
The "aramount consieration, however, which, to our min, wei%hs heavi#! in
$avor o$ the vo#untariness an truth o$ )oberanoAs amission an testimon! in
court is the si%ni$icant $act that he too2 the witness stan as witness $or the
"rosecution notwithstanin% the severe amonition b! the tria# .u%e o$ the
conse>uences o$ his testimon!. *eri#!, the tria# .u%e ha "ainsta2in%#! avise
an in$orme the accuse o$ his ri%hts as an accuse an cou# not be inicte
$or ere#iction o$ his uties as .u%e, as shown b! the $o##owin% "ortion o$ the
transcri"tB
No more e/"ress waiver o$ the ri%ht o$ not testi$!in% a%ainst onese#$ can be ha
than what )oberano ha one in the tria# court. +is statements c#ear#! inicate an
awareness an unerstanin% o$ the conse>uences o$ his testimon!, !et,
notwithstanin%, he insiste, as in $act he i testi$! a%ainst himse#$ an his co-
accuse. Nor can it be sus"ecte that his act o$ testi$!in% was "rom"te b! his
be#ie$ that, in oin% so, he wou# be re#ease, $or, in his own worsB
The subse>uent retraction b! )oberano o$ his e/tra-.uicia# statement an his
testimon! in court re%arin% the same cannot etract $rom its truth an
vo#untariness, consierin% that his retraction came, not at the tria# D $or he
a$$irme the truth o$ the contents on his statement at the tria# D but on#! after he
ha been convicte an sentence, to%ether with some o$ his co-accuse. Nor
was the enia# o$ the motion $or new tria# which was $i#e b! his counse# on the
%roun o$ the retraction b! )oberano o$ his testimon! in court, an im"rovient act
b! the tria# .u%e, $or, time an a%ain, it has been he# b! this &ourt that retraction
o$ "revious testimon! is not a %roun $or new tria#.
2

The testimonies o$ two witnesses $or the "rosecution $orti$! the $inin% that the
e/tra-.uicia# statement o$ )oberano was vo#untari#! mae. Thus, &hie$ o$ 5o#ice
3#$onso Gome< testi$ie that the >uestions therein were as2e an answere in
the *isa!an ia#ect which )oberano s"ea2s an unerstans an #ater on
trans#ate into 7n%#ish. -unici"a# =u%e +ermene%i#o &abreros testi$ie that
when )oberano was brou%ht be$ore him to subscribe to his statement, he as2e
the sai accuse i$ he unerstoo 7n%#ish an u"on receivin% a ne%ative re"#!, he
rea the ocument in the &ebu-*isa!an ia#ect. Therea$ter, he as2e the accuse
i$ he unerstoo what were rea to him an i$ the! were correct, to which the
accuse %ave his a$$irmation. (n aition, the $inin% o$ the tria# court as to the
earnestness an $ie#it! o$ the "rosecutin% $isca# as a%ainst the accusation o$ the
accuse that he was "romise $reeom b! the same $isca# D a $inin% which wi##
not orinari#! be isturbe b! the a""e##ate courts in the absence o$ c#ear
evience to the contrar! D is eterminative o$ the unre#iabi#it! an increibi#it! o$
the %rouns re#ie u"on in the motion $or new tria# an retraction o$ his testimon!
b! )oberano.
+avin% a##a!e a## $ears as to the invo#untariness an $a#sit! o$ )oberanoAs
testimon!, we now "rocee to corre#ate the same with the other evience $or the
"rosecution.
The testimon! o$ )oberano that Navasca, -ar>ue< an Gera#es an another
"erson whom he cou# not (enti$! were arme with a.49 ca#. "isto#, a thom"son,
a carbine an a bo#o, res"ective#!, when the! went u" into the house o$ the victim,
is co##aborate b! the testimon! o$ -rs. =ose$a De#e.eros, the wi$e o$ the victim
an on#! e!ewitness to the commission o$ the crime, when she testi$ie that three
men arme with Cshort an #on% artic#esC entere their house at about :B00.
oAc#oc2 in the evenin% ?e/act#! the same time that )oberano sai the! reache the
house o$ their intene victim@ an "roceee to accom"#ish their crimina#
scheme. 'rom the testimon! o$ )oberano an -rs. De#e.eros, the (entities o$ the
three men with C)hort an #on% artic#esC have thus been 7stab#ishe ?t.s.n.
=anuar! 14, 19:9, "". ;9-808 110-114@.
21
The testimon! o$ )oberano that the $ata# wea"on was a .49 ca# "isto# is
corroborate b! -rs. De#e.eros when she state that the man with the Cshort
artic#eC $ire at her husban but the C#on% artic#esC were not use ?t.s.n. =anuar!
14, 19:9, ". 1128 ". 84@.
The ensnarin% net o$ co##ective res"onsibi#it! was cast with the amission o$
)oberano that he was arme with a huntin% 2ni$e as he stoo %uar outsie the
house o$ Go )o whi#e his com"anions "er"etrate the crime insie the house.
Ta2e this to%ether with the testimon! o$ the #one e!ewitness D -rs. De#e.eros D
that the three men who entere their house were arme with Cshort an #on%
artic#esC which )oberano himse#$ escribe as a .49 ca#. "isto#, a thom"son an a
carbine, an there conver%es into shar" $ocus the res"onsibi#it! a""ertainin% to a
ban without havin% to consier the statement o$ )oberano that one o$ the men
was arme with a bo#o, $or it su$$ices to estab#ish the e/istence o$ a ban that
more than three arme men ta2e "art in the commission o$ a crime.
The evience $or the "rosecution c#ear#! estab#ishe that the members o$ the
ban committe the crime o$ robber! on the occasion o$ which a homicie was
committe, thus c#assi$!in% the crime as one o$ robber! with homicie. (t has a#so
been estab#ishe that the a%%ravatin% circumstance o$ ban attene the
commission o$ the crime an none o$ the members thereo$ attem"te to "revent
the same. The state o$ the evience $or the "rosecution bein% such, we now
assa! the e$ense o$ the accuse.
The e$ense o$ a## the accuse is anchore on the inamissibi#it! o$ the e/tra-
.uicia# con$ession o$ '#orencio Gera#es ?7/hibit C3C@ an the e/tra-.uicia#
amission o$ Loren<o )oberano ?7/hibits C,C W C,-1C@ on the %roun that these
were obtaine b! $orce an "romise o$ $reeom an hence, invo#untar!. 3s we
have mentione ear#ier, it oes not behoove this court to etermine the
vo#untariness or invo#untariness o$ both e/tra-.uicia# statements, it bein% enou%h
that other evience auce at the tria# $u#$i## the re>uire >uantum o$ evience to
convict the accuse. Li2ewise, we $oun that the e/tra-.uicia# statement o$
)oberano contains the inicia o$ vo#untariness an his testimon! in the court as
"rosecution witness ne%ates the sus"icion o$ a "romise o$ $reeom. 0oven
to%ether, with the other evience o$ the "rosecution, the "attern $or the crime has
thus been $orme, an the c#aim o$ )oberano as to the invo#untariness o$ his
amission as we## as that o$ his testimon! must $a##.
The crime estab#ishe b! the evience $or the "rosecution is robber! with
homicie attene b! the a%%ravatin% circumstance o$ ban. (n the case o$
People vs. &pduhan$
A
we he# that i$ the crime o$ robber! with homicie is
committe b! a ban, the inictab#e o$$ense wou# sti## be robber! with homicie
with the a%%ravatin% circumstance o$ ban an not robber! in ban with homicie.
The "ena#t! $or the crime o$ robber! with homicie is reclusion perpetua to eath.
The crime havin% been committe b! a ban, a## the members thereo$ are #iab#e
$or each o$ the assau#ts committe,
4
un#ess an! one o$ them attem"te to "revent
their commission. No evience was auce b! an! o$ the accuse that he ha
attem"te to "revent the commission o$ the crime, hence a## must be he# #iab#e
$or the crime o$ robber! with homicie. There bein% one a%%ravatin% circumstance
an no miti%atin% circumstance to o$$set the same in the case o$ '#orencio
Gera#es an -anue# -ar>ue<, the "ena#t! o$ eath was correct#! im"ose on
them. The act o$ testi$!in% $or the "rosecution, without "revious ischar%e, b!
Loren<o )oberano shou# be consiere in his $avor as a miti%atin% circumstance
ana#o%ous to a "#ea o$ %ui#t!, hence there e/ist in the case o$ Loren<o )oberano,
one miti%atin% circumstance an one a%%ravatin% circumstance which o$$set each
other. &onse>uent#!, Loren<o )oberano was "ro"er#! sentence to reclusion
perpetua.
&onsierin% the #en%th o$ time that has e#a"se $rom the time the accuse Tomas
Navasca was committe to the Nationa# -enta# +os"ita#, the Director o$ the sai
hos"ita# shou# now conuct a $u##-b#own e/amination o$ the menta# state o$ the
sai accuse $or the "ur"ose o$ eterminin% his menta# ca"acit! to stan tria#, an
therea$ter submit the "ro"er re"ort an recommenations to this &ourt.
3&&6RD(NGLO, the .u%ment a quo $inin% '#orencio Gera#es, -anue#
-ar>ue< an Loren<o )oberano %ui#t! o$ the crime o$ robber! with homicie an
sentencin% '#orencio Gera#es an -anue# -ar>ue< to the su"reme "ena#t! o$
eath an Loren<o )oberano to reclusion perpetua, is hereb! a$$irme. 3## the
accuse are orere to inemni$!, .oint#! an severa##!, the heirs o$ Go )o alias
603 in the amount o$ 51,800 re"resentin% the mone! sto#en an the increase
amount o$ 512,000

, as inemni$! $or the eath o$ Go )o alia 603 The Director

o$ the Nationa# -enta# +os"ita# is hereb! irecte to &onuct without e#a! o$ $u##-
b#own e/amination o$ the menta# state o$ the accuse Tomas Navasca $or the
"ur"ose o$ eterminin% this menta# ca"acit! to stan tria#, an therea$ter submit
the "ro"er re"ort an recommenations to this &ourt &osts a%ainst the
a""e##ants.
Peo%le *s. Wal%an "ad,aala( ! -ila%il .G.R. No. /01/23+4/. Se%te(&er
/35 67778
2: 3"r
'EO'LE O. THE 'HILI''INES, appellee$ vs. >AL'AN
LADJAALA" ! "IHAJIL #l;#+ D>AR'AN,E appellant.
Ponente' P&(G&()*&(
.A!TS:The tria# court $oun the a""e#ant %ui#t! o$ maintainin% a ru% en, an
o$$ense $or which was sentence to reclusion perpetua. 3""e#ant1s %ui#t was
estab#ishe b! the testimon! o$ 5rosecution 0itness , who himse#$ ha use the
e/tension house o$ a""e##ant as a ru% en on severa# occasions, inc#uin% the
time o$ the rai. The $ormer1s testimon! was corroborate b! a## the raiin% "o#ice
o$$icers who testi$ie be$ore the court. That a""e#ant i not en! ownershi" o$
the house an its e/tension #ent creence to the "rosecution1s stor!.
The tria# court a#so convicte a""e##ant o$ irect assau#t with mu#ti"#e counts o$
attem"te homicie. (t $oun that FMtNhe act o$ the accuse Mo$N $irin% an -14 ri$#e
MatN the "o#icemenM,N who were about to enter his house to serve a search warrant
/ / /G constitute such com"#e/ crime. 3sie $rom $inin% a""e##ant %ui#t! o$ irect
assau#t with mu#ti"#e attem"te homicie, the tria# court convicte him a#so o$ the
se"arate o$$ense o$ i##e%a# "ossession o$ $irearms uner 5D 18::, as amene b!
R3 8294, an sentence him to : !ears o$ prision correccional to 8 !ears
o$ prision mayor.
ISSUE:
0hether or not a""e##ant can be convicte se"arate#! o$ i##e%a# "ossession o$
$irearms a$ter usin% sai $irearm in the commission o$ another crime.
HELD:
N6. The a""ea#e Decision was a$$irme with moi$ications. 3""e##ant is $oun
%ui#t! on#! o$ two o$$ensesB ?1@ irect assau#t an mu#ti"#e attem"te homicie with
the use o$ a wea"on an ?2@ maintainin% a ru% en.
RATIO:
The #aw is c#earB the accuse can be convicte o$ sim"#e i##e%a# "ossession o$
$irearms, "rovie that Fno other crime was committe b! the "erson arreste.G ($
the intention o$ the #aw in the secon "ara%ra"h were to re$er on#! to homicie
an murer, it shou# have e/"ress#! sai so, as it i in the thir "ara%ra"h.
*eri#!, where the #aw oes not istin%uish, neither shou# Mthe courtsN.
The &ourt is aware that this ru#in% e$$ective#! e/onerates a""e##ant o$ i##e%a#
"ossession o$ an --14 ri$#e, an o$$ense which norma##! carries a "ena#t! heavier
than that $or irect assau#t. 0hi#e the "ena#t! $or the $irst is prision mayor, $or the
secon it is on#! prision correccional. (nee, the accuse ma! evae conviction
$or i##e%a# "ossession o$ $irearms b! usin% such wea"ons in committin% an even
#i%hter o$$ense, #i2e a#arm an scana# or s#i%ht "h!sica# in.uries, both o$ which are
22
"unishab#e b! arresto menor. This conse>uence, however, necessari#! arises
$rom the #an%ua%e o$ R3 8294, whose wisom is not sub.ect to the &ourt1s
review. 3n! "erce"tion that the resu#t reache here a""ears unwise shou# be
aresse to &on%ress. (nee, the &ourt has no iscretion to %ive statutes a
new meanin% etache $rom the mani$est intenment an #an%ua%e o$ the
#e%is#ature. MThe &ourtAsN tas2 is constitutiona##! con$ine on#! to a""#!in% the #aw
an .uris"ruence to the "roven $acts, an Mthis &ourtN have one so in this case.
!ELINO, SR. *+. !A !#+( D;<(+4
ANGEL !ELINO, SR. *+. !OURT O. A''EALS, ET AL.
G.R. No. 16062 Ju$( 29, 2006
.A!TS: Two se"arate in$ormations were $i#e be$ore the RT& char%in% "etitioner
with vio#ation o$ the %unban an i##e%a# "ossession o$ $irearms. 5etitioner $i#e a
-otion to Puash contenin% that he Ccannot be "rosecute $or i##e%a# "ossession
o$ $irearms ?R.3. 8294@ . . . i$ he was a#so char%e o$ havin% committe another
crime o$ MsicN vio#atin% the &ome#ec %un ban uner the same set o$ $acts.G The tria#
court enie the motion to >uash on the %roun that Cthe other o$$ense char%e . .
. is not one o$ those enumerate uner R.3. 8294 . . . .C The enia# was a$$irme
on a""ea#. +ence this "etition, where "etitioner contens that the mere $i#in% o$ an
in$ormation $or %un ban vio#ation a%ainst him necessari#! bars his "rosecution $or
i##e%a# "ossession o$ $irearms.
ISSUE: Di the court err in en!in% the -otion to PuashH
HELD: No. The #aw is c#earB the accuse can be convicte o$ sim"#e i##e%a#
"ossession o$ $irearms, "rovie that Cno other crime was committe b! the
"erson arreste.C ($ the intention o$ the #aw in the secon "ara%ra"h were to re$er
on#! to homicie an murer, it shou# have e/"ress#! sai so. 3s accusation is
not s!non!mous with %ui#t, there is !et no showin% that "etitioner i in $act
commit the other crime char%e. &onse>uent#!, the "roviso oes not !et a""#!.
(n sum, when the other o$$ense invo#ve is one o$ those enumerate uner R.3.
8294, an! in$ormation $or i##e%a# "ossession o$ $irearm shou# be >uashe
because the i##e%a# "ossession o$ $irearm wou# have to be trie to%ether with
such other o$$ense, either consiere as an a%%ravatin% circumstance in murer
or homicie, or absorbe as an e#ement o$ rebe##ion, insurrection, seition or
attem"te cou" Aetat. &onverse#!, when the other o$$ense invo#ve is not one o$
those enumerate uner R.3. 8294, then the se"arate case $or i##e%a# "ossession
o$ $irearm shou# continue to be "rosecute.
'EO'LE O. THE 'HILI''INES vs. RENATO TA!-AN Y HI'OS, G.R. No.
66AA0-A9 .(-5u#5y 26, 1990 .ELI!IANO, J.:
3ccuse Renato Tac-an a""ea#s $rom the ecision o$ the Re%iona# Tria# &ourt o$
Ta%bi#aran &it!, convictin% him o$ >ua#i$ie i##e%a# "ossession o$ a $irearm an
ammunition in &rimina# &ase No. 400; an o$ murer in &rimina# &ase No. 4012
an im"osin% u"on him the "ena#t! o$ eath in both cases.
6n 18 December 1984, a""e##ant was char%e with vio#ation o$ )ection 1,
"ara%ra"h ?2@, o$ 5resientia# Decree No. 18::, committe as $o##owsB
That, on or about the 14th a! o$ December 1984, in the
&it! o$ Ta%bi#aran 5hi#i""ines, an within the .urisiction o$
this +onorab#e &ourt, the above-name accuse, whi#e
actin% uner the in$#uence o$ ru%s an without an! #icense
or "ermit $rom the "ro"er authorities, i then an there
wi##$u##!, un#aw$u##! an $e#onious#! have i## his "ossession,
custo! an contro# an un#icense $irearm, a )-(T+ W
07))6N 3irwei%ht ca#iber .48 revo#ver with )eria# Number
499424 with 'ive ?9@ s"ent she##s an 'ive ?9@ #ive
ammunitions an without an! .usti$iab#e cause an with
intent to 2i##, use the sai $irearm an ammunitions to
shoot one 'rancis 7rnest 7scano ((( hittin% an in$#ictin%
u"on the #atter the $o##owin% %unshot wouns or in.uries, to
witB
6n 11 =anuar! 1989, an amene in$ormation
2
$or murer was a#so $i#e a%ainst
a""e##ant reain% as $o##owsB
That, on or about the 14th a! o$ December, 1984 in the
&it! o$ Ta%bi#aran, 5hi#i""ines, an within the .urisiction o$
this +onorab#e &ourt, the above-name accuse, without
an! .usti$iab#e cause an with intent to 2i##, evient "re-
meitation treacher!, whi#e actin% uner the in$#uence o$
ru%s, with crue#t! an e#iberate#! au%mentin% the
su$$erin% o$ the victim, i then an there wi##$u##!, un#aw$u##!
an $e#onious#! attac2, assau#t an shot one 'rancis 7rnest
7scano with the use o$ an un#icense )-(T+ W 07))6N
3irwei%ht ca#iber .48 revo#ver with )eria# Number 499424
hittin% an in$#ictin% u"on the #atter the $o##owin% %unshot
wouns or in.uries which %unshot wouns or in.uries irect#!
cause his eath, to the ama%e an "re.uice o$ the heirs
o$ the ecease name#!B =u%e W -rs. 'rancisco Re! +.
7scano, in the amount to be "rove urin% the tria# o$ the
case.
3cts committe contrar! to the "rovisions o$ 3rtic#e 248 o$
the Revise 5ena# &oe, in re#ation to )ection 1; o$ ,atas
5ambansa ,#%. 1;9, with the >ua#i$!in% a%%ravatin%
circumstances o$ evient "remeitation, treacher! an
actin% uner the in$#uence o$ an%erous ru%s an crue#t!.
3""e##ant entere a "#ea o$ not %ui#t! in both cases. The two ?2@ crimina# cases
were conso#iate u"on motion o$ the "rosecution an trie .oint#!. 6n 41 =u#!
198:, the tria# court renere a ecision
A
convictin% a""e##ant uner both
in$ormations. The is"ositive "ortion o$ the ecision rea as $o##owsB
0+7R7'6R7, a## the $ore%oin% "remises consiere,
ecision is hereb! renere in &rimina# &ase No. 400;
$inin% the accuse Renato Tac-an ! +i"os GE(LTO be!on
reasonab#e oubt o$ (##e%a# 5ossession o$ 'irearms an
3mmunitions >ua#i$ie with -urer uner )ection 1,
"ara%ra"hs 1 an 2 o$ 5resientia# Decree No. 18:: an
hereb! sentences sai Renato Tac-an ! +i"os to su$$er the
"ena#t! o$ D73T+. 'urther, ecision is a#so renere in
&rimina# &ase No. 4012 $inin% the same accuse Renato
Tac-an ! +i"os GE(LTO be!on reasonab#e oubt o$
-urer uner 3rtic#e 248 o$ the Revise 5ena# &oe, in
re#ation to ,atas 5ambansa ,#%. 1;9 an 5.D. 18::.
3""reciatin% the a%%ravatin% circumstance o$ evient
"remeitation ?treacher! use to >ua#i$! the crime to
murer@ an the s"ecia# a%%ravatin% circumstances o$
actin% whi#e uner the in$#uence o$ an%erous ru%s an
with the use o$ an un#icense $irearm an with insu#t to a
"erson in authorit! an there bein% no miti%atin%
circumstance to o$$set them, an sentences the sai
Renato Tac-an ! +i"os to su$$er the "ena#t! o$ D73T+. The
accuse is #i2ewise orere to inemni$! the heirs o$ the
ecease 'rancis 7rnest 7scano in the amount o$ T+(RTO
T+6E)3ND 57)6) ?540,000.00@8 to "a! actua#
com"ensator! ama%es in the amount o$ 6N7 +ENDR7D
7(G+T T+6E)3ND T+R77 +ENDR7D T7N 57)6)
?5108,410.00@8 to "a! mora# ama%es to =u%e 'rancisco
7scano, =r., the sum o$ 6N7 +ENDR7D T+6E)3ND
57)6) ?5100,000.00@ an to -rs. L!ia 7scano the sum
o$ 6N7 +ENDR7D T+6E)3ND 57)6) ?5100,000.00@ $or
the menta# an%uish an su$$erin% each e/"erience
because o$ the eath o$ 'rancis 7rnest. 3## such amount
sha## earn #e%a# interest $rom the time this ecision sha##
23
become $ina# an e/ecutor! unti# $u##! satis$ie. The
accuse sha## a#so "a! the costs.
)6 6RD7R7D.
(mmeiate#! a$ter "romu#%ation o$ the ecision, a""e##ant si%ni$ie his intention to
a""ea# to this &ourt, a#thou%h the same was sub.ect to automatic review b! this
&ourt.
(n his brie$, a""e##ant assi%ne the $o##owin% as errors a##e%e#! committe b! the
tria# courtB
(. The #ower court erre in be#ievin% the "rosecutionAs
version o$ the case instea o$ accorin% $u## $aith an
creence to the e$enantAs version.
((. The tria# court erre in not ho#in% that Renato Tac-an
was .usti$ie in shootin% the ecease.
(((. The tria# court erre in not ho#in% that in ?sic@ the #east
the e$enant acte in incom"#ete se#$-e$ense in shootin%
the ecease.
(*. The tria# court erre in not ho#in% that 5.D. 18:: is
ina""#icab#e to the e$enant inasmuch as sai ecree was
en$orceab#e on#! urin% the e/istence o$ the -artia# Law
Re%ime.
*. The tria# court erre in not ho#in% that the e$enant
was "#ace twice in .eo"ar! $or havin% been "rosecute
$or vio#ation o$ 5.D. 18:: es"ite his bein% "rosecute $or
murer in an in$ormation which a##e%es that the accuse
use an un#icense $irearm in 2i##in% the ecease.
*(. The tria# court erre in not a.u%in% the e$enant
innocent o$ murer.
'rom the recor, the $acts ma! be co##ate an summari<e as $o##owsB
3""e##ant Renato Tac-an, then ei%hteen ?18@ !ears an seven ?;@ months o$ a%e,
an the ecease 'rancis 7rnest 7scano (((, $i$teen ?19@ !ears o#, were
c#assmates in the thir !ear o$ hi%h schoo# o$ the Divine 0or &o##e%e in
Ta%bi#aran &it!. The! were c#ose $riens, bein% not on#! c#assmates but a#so
members o$ the same %an%, the ,ron/ %an%. Renato ha been to the house
where 'rancis an his "arents #ive, on one or two occasions. 6n those
occasions, 'rancisA mother notice that Renato ha a han%un with him. 'rancis
was then avise b! his mother to istance himse#$ $rom Renato.
4
'rancis withrew $rom the ,ron/ %an%. The re#ationshi" between Renato an
'rancis turne sour. )ometime in )e"tember 1984, Renato an 'rancis
>uarre##e with each other, on which occasion 'rancis boi#! #i$te 3rno#
Rome#e $rom the %roun. 3rno# was $rien an com"anion to Renato. The
>uarre# resu#te in Renato an 'rancis bein% brou%ht to the hi%h schoo# "rinci"a#As
o$$ice. The straine re#ationshi" between the two ?2@ erstwhi#e $riens was
a%%ravate in #ate November 1984 when 'rancis teame that Renato, to%ether
with other members o$ the ,ron/ %an%, was #oo2in% $or him, a""arent#! with the
intention o$ beatin% him u". 'urther eterioration o$ their re#ationshi" occurre
sometime in the $irst wee2 o$ December 1984, when %ra$$iti a""eare on the wa##
o$ the thir !ear hi%h schoo# c#assroom an on the armrest o$ a chair in that
c#assroom, e"recatin% the ,ron/ %an% an escribin% Renato as Cbayot+
?homose/ua#@

Renato attribute the %ra$$iti to 'rancis.

3t about 2B00 oAc#oc2 in the a$ternoon o$ 14 December 1984, Renato entere
Room 19 o$ the hi%h schoo# bui#in% to atten his 7n%#ish ((( c#ass. Renato "#ace
his scra"boo2 "re"are $or their -athematics c#ass on his chair, an a""roache
the teacher, -rs. Li#iosa ,a#uma, to raise a >uestion. E"on returnin% to his chair,
he $oun 'rancis sittin% there, on the scra"boo2. Renato was an%ere b! what he
saw an "rom"t#! 2ic2e the chair on which 'rancis was seate. 'rancis,
however, e/"#aine that he ha not intentiona##! sat own on RenatoAs scra"boo2.
3 $ist$i%ht wou# have ensue but some c#assmates an two ?2@ teachers, -rs.
,a#uma an -r. Damaso 5asi#bas, intervene an "revente them $rom
assau#tin% each other. 3$ter the two ?2@ ha >uiete own an a""arent#! sha2en
hans at the instance o$ -rs. ,a#uma, the #atter resume her 7n%#ish ((( c#ass.
'rancis sat on the #ast row to the e/treme ri%ht o$ the teacher whi#e Renato was
seate on the same #ast row at the e/treme #e$t o$ the teacher. 0hi#e the 7n%#ish
((( c#ass was sti## %oin% on, Renato s#i""e out o$ the c#assroom an went home to
%et a %un. +e was bac2 at the c#assroom a""ro/imate#! $i$teen ?19@ minutes #ater.
6
The -athematics c#ass uner -r. Damaso 5asi#bas scheu#e $or 4B00 ".m. ha
.ust starte in Room 19 when Renato suen#! burst into the room, shut the oor
an with both hans raise, ho#in% a revo#ver, shoute C0here is 'rancisHC E"on
si%htin% 'rancis seate behin an to the #i%ht o$ stuent Rue# En%ab, Renato
$ire at 'rancis, hittin% a noteboo2, a %eometr! boo2 an the armrest o$ Rue#As
chair. 'rancis an Rue# .um"e u" an with severa# o$ their c#assmates rushe
$orwar towars the teacherAs "#at$orm to see2 "rotection $rom their teacher.
Renato $ire a secon time, this time hittin% the b#ac2boar in $ront o$ the c#ass.
'rancis an the other stuents rushe bac2 towars the rear o$ the room. Renato
wa#2e towars the center o$ the c#assroom an $ire a thir time at 'rancis,
hittin% the concrete wa## o$ the c#assroom. 'rancis an a number o$ his c#assmates
rushe towars the oor, the on#! oor to an $rom Room 19. Renato "roceee
to the teacher, s "#at$orm nearest the oor an $or the $ourth time $ire at 'rancis
as the #atter was rushin% towars the oor. This time, 'rancis was hit on the hea
an he $e## on the bac2 o$ Rue# an both $e## to the $#oor. Rue# was "u##e out o$ the
room b! a $rien8 'rancis remaine s"raw#e on the $#oor b#eein% "ro$use#!.
6
Renato then went out o$ Room 19, an "ace between Rooms 14 an 19. 3
teacher, -r. 5ab#o ,a#uma, a""arent#! unaware that it was Renato who ha
%unne own 'rancis, a""roache Renato an as2e him to he#" 'rancis as the
#atter was sti## a#ive insie the room. Renato thereu"on re-entere Room 19,
c#ose the oor behin him, sa!in%B C)o, he is sti## a#ive. 0here is his chestHC
)tanin% over 'rancis s"raw#e $ace own on the c#assroom $#oor, Renato aime
at the chest o$ 'rancis an $ire once more. The bu##et entere 'rancisA bac2
be#ow the ri%ht shou#er, an e/ite on his $ront chest .ust above the ri%ht ni""#e.
0
Renato then #e$t with two ?2@ remainin% stuents an #oc2e 'rancis a#one insie
Room 19. Renato "roceee to the %roun $#oor an entere the $acu#t! room.
There, he $oun some teachers an stuents an orere them to #oc2 the oor
an c#ose the winows, in e$$ect ho#in% them as hosta%es. +e a#so re#oae his
%un with $ive ?9@ bu##ets. 3$ter some time, a team o$ 5hi#i""ine &onstabu#ar!
troo"ers #e b! &a"t. Larino La<o arrive an surroune the $acu#t! room. 0ith a
han-he# "ub#ic aress evice, &a"t. La<o ca##e u"on Renato to surrener
himse#$ Renato i not res"on to this ca##. RenatoAs brother a""roache &a"t.
La<o an vo#unteere to "ersuae his brother to %ive u". RenatoAs $ather who, b!
this time ha a#so arrive, "#eae with Renato to surrener himse#$ Renato then
turne over his %un to his brother throu%h an o"enin% in the ba#ustrae o$ the
$acu#t! room. &a"t. La<o too2 the %un $rom RenatoAs brother, went to the oor o$
the $acu#t! room, entere an "#ace Renato uner arrest.
9

-eantime, as soon as Renato #e$t Room 19, some teachers an stuents came to
rescue 'rancis but cou# not o"en the oor which Renato ha #oc2e behin him.
6ne o$ the stuents entere the room b! c#imbin% u" the secon $#oor on the
outsie an throu%h the winow an o"ene the oor $rom the insie. The
teachers an stuents brou%ht 'rancis own to the %roun $#oor $rom whence the
5& so#iers rushe him to the &e#estino Ga##ares -emoria# +os"ita#.
10
'rancis
ie be$ore reachin% the hos"ita#.
&a"t. La<o brou%ht Renato to the 5& +ea>uarters at &am" Da%oho!,
Ta%bi#aran &it!. The o$$icer e"osite the revo#ver recovere $rom Renato which
was an 3irwei%ht )mith an 0esson .48 ca#iber revo#ver, with )eria# No. 499424,
as we## as the $ive ?9@ #ive bu##ets remove $rom the sai revo#ver, an the $ive ?9@
24
em"t! cartri%es which Renato ha turne over to him. ,a##istic e/amination
conucte b! )u"ervisin% ,a##istician, 3rtemio 5an%aniban, Nationa# ,ureau o$
(nvesti%ation, &ebu, showe that the em"t! cartri%e cases ha been $ire $rom
the revo#ver recovere $rom Renato.
11
3""e##ant at the outset assai#s the tria# court $or havin% be#ieve the "rosecutionAs
version o$ the $acts instea o$ the version o$$ere b! the a""e##ant. The tria# court
too2 into account, inter alia, the "ositive an irect testimon! o$B
1. -rs. Li#iosa ,a#uma who testi$ie as to, amon% other
thin%s, the events which too2 "#ace insie her 7n%#ish (((
c#assroom immeiate#! be$ore the shootin%8
2. Rue# En%ab D a $i$teen ?19@ !ear o# c#assmate o$
Renato an 'rancis, who ha $a##en on the $#oor with
'rancis when the #atter was $ina##! hit b! Renato8
4. Damaso 5asi#bas D the -athematics teacher who was
ho#in% his c#ass when Renato ha burst into Room 19 an
starte $irin% at 'rancis8 an
4. Na"o#eon =umauan D another si/teen ?1:@ !ear o#,
c#assmate o$ Renato an 'rancis who was insie the
c#assroom when Renato ha starte $irin% at 'rancis an
who was on#! about a $oot awa! $rom the hea o$ 'rancis
when Renato, havin% re-entere Room 19, ha $ire at
'rancis as the #atter was s"raw#e on the $#oor o$ the
c#assroom.
3$ter care$u# e/amination o$ the recor, we $in no reason to isa%ree with the
conc#usion o$ the tria# court that Renato ha inee shot an 2i##e 'rancis uner
the circumstances an in the manner escribe b! these witnesses.
1. The claim of self,defense.
Renato c#aime that he was actin% in se#$-e$ense, or at #east in incom"#ete se#$-
e$ense, when he shot 'rancis. 'or a c#aim o$ se#$-e$ense to be sustaine, the
c#aimant must show b! c#ear an convincin% evience that the $o##owin% re>uisites
e/isteB
a@ un#aw$u# a%%ression on the "art o$ the victim8
b@ reasonab#e necessit! o$ the means em"#o!e b! the
accuse to re"e# the a%%ression8 an
c@ #ac2 o$ su$$icient "rovocation on the "art o$ the accuse.
12

Testi$!in% in his own beha#$, Renato sai that a $ew minutes be$ore the en o$
-rs. ,a#umaAs 7n%#ish ((( c#ass, 'rancis ha a""roache himB
0e note at the outset that there was no evience be$ore the &ourt, e/ce"t
RenatoAs own testimon!, that 'rancis ha uttere the above statements attribute
to him b! Renato. 3#thou%h there ha been about twent!-$ive ?29@ other stuents,
an the teacher, in the c#assroom at the time, no corroboratin% testimon! was
o$$ere b! the e$ense. (n the secon "#ace, assumin% ?arguendo mere#!@ that
'rancis ha inee mae those statements, such utterances cannot be re%are
as the un#aw$u# a%%ression which is the $irst an most $unamenta# re>uirement o$
se#$-e$ense. 3##e%e#! uttere in a hi%h schoo# c#assroom b! an obvious#!
unarme 'rancis, such statements cou# not reasonab#! ins"ire the Cwe##
%roune an reasonab#e be#ie$C c#aime b! Renato that Che was in imminent
an%er o$ eath or boi#! harm.C
14
En#aw$u# a%%ression re$ers to an attac2 that
has actua##! bro2en out or materia#i<e or at the ver! #east is c#ear#! imminentB it
cannot consist in ora# threats or a mere#! threatenin% stance or "osture.
1
'urther
as "ointe out b! the )o#icitor Genera#, 'rancis was obvious#! without a $irearm or
other wea"on when Renato returne an burst into Room 19 emanin% to 2now
where 'rancis was an $orthwith $irin% at him re"eate#!, without the s#i%htest
re%ar $or the sa$et! o$ his other c#assmates an o$ the teacher. There bein% no
un#aw$u# a%%ression, there sim"#! cou# not be se#$-e$ense whether com"#ete or
incom"#ete,
16
an there is accorin%#! no nee to re$er to the other re>uirements
o$ #aw$u# se#$-e$ense.
2. The claim that P.-. (o. 1.// is inapplicable.
3s "ointe out at the outset, a""e##ant was char%e with un#aw$u# "ossession o$
an un#icense $irearm, a )mith an 0esson 3irwei%ht.48 ca#iber revo#ver with $ive
?9@ s"ent bu##ets an $ive ?9@ #ive ones an with havin% use such $irearm an
ammunition to shoot to eath 'rancis 7rnest 7scano (((, in vio#ation o$ )ection 1 o$
5.D. No. 18::.
)ection 1 o$ 5.D. No. 18:: "rovies, in re#evant "art, thatB
)ection 1. 0nla#ful 1anufacture$ %ale$ &cquisition$
-isposition or Possession of 2irearms or &mmunition or
)nstruments 0sed or )ntended to be 0sed in the
1anufacture of 2irearms or &mmunition. 3 The "ena#t! o$
reclusion temporal in its ma/imum "erio to reclusion
perpetua sha## be im"ose u"on an! "erson who sha##
un#aw$u##! manu$acture, ea# in, ac>uire, is"ose, or
possess any firearms$ "art o$ $irearm, ammunition, or
machiner!, too# or instrument use or intene to be use
in the manu$acture o$ an! $irearm or ammunition.
)f homicide or murder is committed #ith the use of an
unlicensed firearm$ the penalty of death shall be imposed.
?7m"hasis su""#ie@
3""e##ant ur%es that 5.D. No. 18:: is ina""#icab#e to him Cconsierin% that the
reason $or its M5.D. No. 18::N issuance no #on%er e/ists.C +e ar%ues that 5.D. No.
18:: was en$orceab#e on#! urin% the e/istence o$ martia# #aw, an that when
martia# #aw was C#i$te in 19;9,C the reason $or the Ce/istenceC o$ 5.D. No. 18::
$ae awa!, with the resu#t that the Cori%ina# #aw on $irearms, that is, )ection 2:92
o$ the MReviseN 3ministrative &oe, to%ether with its "re-martia# #aw
amenments, came into e$$ect a%ain thereb! re"#acin% 5.D. No. 18::.C
16

There is nothin% in 5.D. No. 18:: ?which was "romu#%ate on 29 =une 1984@
which su%%ests that it was intene to remain in e$$ect on#! $or the uration o$ the
martia# #aw im"ose u"on the countr! b! $ormer 5resient -arcos. Neither oes
the statute contain an! "rovision that so "rescribes its #a"sin% into non-
en$orceabi#it! u"on the termination o$ the state or "erio o$ martia# #aw. 6n the
contrar!, 5.D. No. 18:: b! its own terms "ur"orte to Cconso#iate, coi$! an
inte%rateC a## "rior #aws an ecrees "ena#i<in% i##e%a# "ossession an
manu$acture o$ $irearms, ammunition an e/"#osives in orer Cto harmoni<e their
"rovisions as we## as to u"ate an revise certain "rovisions an "rior statutes Cin
orer to more e$$ective#! eter vio#ators o$ the #aw on $irearms, ammunitions an
e/"#osives.C
10
3""e##antAs contention is thus without basis in $act.
4. The claim that there #as no treachery.
3""e##ant contens that there was no treacher! "resent because be$ore an! shot
was $ire, Renato ha shoute Cwhere is 'rancisHC 3""e##ant in e$$ect su%%ests
his o"enin% statement was a warnin% to 'rancis an that the $irst three ?4@ shots
he ha $ire at 'rancis were mere#! warnin% shots. -oreover, bui#in% u"on his
own testimon! about the a##e%e threat that 'rancis ha uttere be$ore he
?Renato@ #e$t his 7n%#ish ((( c#ass to %o home an %et a %un, a""e##ant ar%ues that
'rancis must have antici"ate his return an thus ha su$$icient time to "re"are
$or the comin% o$ the a""e##ant.
20
3""e##antAs contention, whi#e in%enious, must be
re.ecte. The tria# court mae a $inin% o$ treacher! ta2in% e/"#icit account o$ the
$o##owin% $actorsB
25
1. Room 19 o$ the Divine 0or &o##e%e +i%h )choo#
De"artment Ta%bi#aran &it!, is situate in the secon $#oor
o$ the bui#in%. (t is a corner room an it has on#! one ?1@
oor which is the on#! means o$ entr! an e/it8
2. 3t the time o$ the attac2, the ecease was seate on his
chair insie his c#assroom an was writin% on the armrest o$
his chair an a#so ta#2in% to Rue# En%ab an whi#e their
teacher, -r. Damaso 5asi#bas was chec2in% the
attenance. The ecease was not aware o$ an! im"enin%
assau#t neither i he have an! means to e$en himse#$8
4. The accuse use an airwei%ht )mith W 0esson .48
ca#iber revo#ver in shootin% to eath the e$ense#ess an
he#"#ess 'rancis 7rnest 7scaLo8
4. The attac2 was so suen an so une/"ecte. the
accuse conscious#! conceive that moe o$ attac28
9. The accuse $ire at 'rancis a%ain an a%ain an i not
%ive him a chance to e$en himse#$. 3$ter the ecease
was hit on the hea an $e## to the $#oor whi#e he was
a#rea! s"raw#e an com"#ete#! e$ense#ess the accuse
$ire at him a%ain an the ecease was hit on the chest8
:. The ecease was not arme. +e was tota##!
e$ense#ess. +e was abso#ute#! not aware o$ an! comin%
attac2.
21

The &ourt a#so "ointe out that Renato must have 2nown that 'rancis whi#e insie
Room 19 ha no means o$ esca"e there bein% on#! one ?1@ oor an Room 19
bein% on the secon $#oor o$ the bui#in%. Renato in e$$ect b#oc2e the on#! e/it
o"en to 'rancis as he stoo on the teacherAs "#at$orm c#osest to the oor an $ire
as 'rancis an Rue# sou%ht to ash throu%h the oor. RenatoAs >uestion Cwhere is
'rancisHC cannot reasonab#! be re%are as an e$$ort to warn 'rancis $or he shot
at 'rancis the instant he si%hte the #atter, seate an ta#2in% to Rue# En%ab. That
Renato $ire three ?4@ shots be$ore hittin% 'rancis with the $ourth shot, can on#! be
ascribe to the ini$$erent mar2manshi" o$ Renato an to the $act that 'rancis an
the other stuents were scurr!in% $rom one "art o$ the room to the other in an
e$$ort to evae the shots $ire b! Renato. The cumu#ative e$$ect o$ the
circumstances unerscore b! the tria# court was that the attac2 u"on 'rancis ha
been carrie out in a manner which isab#e 'rancis $rom e$enin% himse#$ or
reta#iatin% a%ainst Renato. 'ina##!, the circumstance that Renato, havin% been
in$orme that 'rancis was sti## a#ive, re-entere Room 19 an $ire a%ain at
'rancis who #a! on the $#oor an bathe with his own b#oo, mani$este RenatoAs
conscious choice o$ means o$ e/ecution which irect#! an es"ecia##! ensure the
eath o$ his victim without ris2 to himse#$.
22
0e are com"e##e to a%ree with the
tria# court that treacher! was here "resent an that, there$ore, the 2i##in% o$ 'rancis
7rnest 7scaLo ((( was murer.
9. The claim that there #as no evident premeditation.
The tria# court a#so $oun the "resence o$ evient "remeitation an a""reciate
the same as a %eneric a%%ravatin% circumstance. +ere, it is the ur%in% o$ the
a""e##ant that the re>uisites o$ evient "remeitation ha not been su$$icient#!
shown. (n orer that evient "remeitation ma! be ta2en into account, there must
be "roo$ o$ ?a@ the time when the o$$ener $orme his intent to commit the crime8
?b@ an action mani$est#! inicatin% that the o$$ener ha c#un% to his etermination
to commit the crime8 an ?c@ o$ the "assa%e o$ a su$$icient interva# o$ time between
the etermination o$ the o$$ener to commit the crime an the actua# e/ecution
thereo$, to a##ow him to re$#ect u"on the conse>uences o$ his act.
2A
The e$ense
"ointe out that bare#! $i$teen ?19@ minutes ha e#a"se $rom the time Renato #e$t
his 7n%#ish ((( c#ass an the time he returne with a %un. 0hi#e there was
testimon! to the $act that be$ore that $ata# a! o$ 14 December 1984, an%er an
resentment ha we##e u" between 'rancis an Renato, there was no evience
ae>uate#! showin% when Renato ha $orme the intention an etermination to
ta2e the #i$e o$ 'rancis. 3ccorin%#!, we must iscar evient "remeitation as an
a%%ravatin% circumstance.
:. The claim that the 4illing #as not done under the
influence of a dangerous drug.
)ection 1; o$ ,.5. ,#%. 1;9 which was "romu#%ate on 2 -arch 1982 "rovies as
$o##owsB
)7&. 1;. The "rovisions o$ an! #aw to the contrar!
notwithstanin%, when a crime is committe b! an o$$ener
who is uner the in$#uence o$ an%erous ru%s, such state
sha## be consiere as a >ua#i$!in% a%%ravatin%
circumstance in the e$inition o$ a crime an the a""#ication
o$ the "ena#t! "rovie $or in the Revise 5ena# &oe.
The tria# court $oun that 'rancis was 2i##e b! Renato whi#e the #ater was uner
the in$#uence o$ a an%erous ru%, s"eci$ica##! mari.uana, an too2 that into
account as a Cs"ecia# a%%ravatin% circumstanceC. No meica# evience ha been
submitte b! the "rosecution to show that Renato ha smo2e mari.uana be$ore
%unnin% own 'rancis. 'ourteen ?14@ a!s ha e#a"se a$ter December 14, 1984
be$ore Renato was meica##! e/amine $or "ossib#e traces o$ mari.uana8 the
resu#ts o$ the e/amination were ne%ative. De$ense witness Dr. Ro%e#io 3scona
testi$ie that in orer to have a meica##! va#i basis $or eterminin% the "resence
o$ mari.uana in the human s!stem, the "atient must be e/amine within twent!-
$our ?24@ hours $rom the time he is su""ose to have smo2e mari.uana.
24
The
"rosecution ha "resente 6r#ano ,a#aba, a stuent at the Divine 0or &o##e%e,
+i%h )choo# De"artment, who testi$ie that he $oun Renato an one =aime
Racho insie the menAs room o$ the +i%h )choo# De"artment suc2in% smo2e $rom
a han-ro##e thin% that #oo2 #i2e a ci%arette, that he ha as2e Renato what that
was an that Renato ha re"#ie damo ?mari.uana@.
2
0hi#e the testimon! o$
6r#ano ,a#aba was corroborate b! two ?2@ other "rosecution witnesses, we
be#ieve that 6r#ano ,a#abaAs testimon! was incom"etent to show that what
Renato an =aime Racho were smo2in% insie the menAs room was inee
mari.uana. (t was "ointe out b! a"e##ant that 6r#ano ,a#aba ha never smo2e
nor sme##e mari.uana.
(n the absence o$ meica# evience, the &ourt too2 into account certain etai#e
$actors as circumstantia# evience su""ortin% the testimon! o$ 6r#ano ,a#aba.
These circumstances wereB
The circumstance o$ "#ace where the 2i##in% was committe,
the circumstance o$ the manner o$ the attac2, the
circumstance o$ ho#in% hosta%e some teachers an
stuents insie the $acu#t! room, the circumstance o$
terri$!in% an entire schoo#, the circumstance that sittin% on a
scra"boo2 is too insi%ni$icant as to arouse "assion stron%
enou%h to motivate a 2i##in%, are circumstantia# eviences
that %ave the court no room $or oubt that "rosecution
witnesses 6r#ano ,a#aba, ,en.amin 3m"er an 3##an e #a
)erna truth$u##! to# the court that the! saw the accuse
smo2in% mari.uana insie the com$ort room at 1B49 in the
a$ternoon o$ December 14, 1984. ... .
26
The above circumstances "ointe to b! the tria# court ma! be inicative o$
"assionate an%er on the "art o$ Renato8 we o not be#ieve that the! necessari#!
show that Renato ha smo2e mari.uana be$ore enterin% his 7n%#ish ((( c#ass. (n
the absence o$ com"etent meica# or other irect evience o$ in%estion o$ a
an%erous ru%, courts ma! be war! an critica# o$ inirect evience, consierin%
the severe conse>uences $or the accuse o$ a $inin% that he ha acte whi#e
uner the in$#uence o$ a "rohibite ru%. The &ourt consiers that the evience
"resente on this "oint was sim"#! inae>uate to su""ort the ru#in% o$ the tria#
court that Renato ha shot an 2i##e 'rancis whi#e uner the in$#uence o$ a
"rohibite ru%.
;. The claim that appellant had voluntarily surrendered.
26
3""e##ant contens that he ha vo#untari#! surrenere an that the tria# court
shou# have consiere that miti%atin% circumstance in his $avor. The tria# court
i not, an we consier that it correct#! re$use to o so. 'irst#!, Renato
surrenere his %un, not himse#$,
26
b! hanin% over the wea"on throu%h the
ba#ustrae o$ the $acu#t! room. )econ#!, he surrenere the %un to his brother,
who was not in an! case a "erson in authorit! nor an a%ent o$ a "erson in
authorit!.
20
Thir#!, Renato i not surrener himse#$ he was arreste b! &a"t.
La<o. The $act that he i not resist arrest, i not constitute vo#untar! surrener.
29
'ina##!, i$ it be assume that Renato ha surrenere himse#$, such surrener
cannot be re%are as voluntary an spontaneous. Renato was ho#e u" in the
$acu#t! room, in e$$ect ho#in% some teachers an stuents as hosta%es. The
$acu#t! room was surroune b! 5hi#i""ine &onstabu#ar! so#iers an there was
no esca"e o"en to him. +e was not entit#e to the miti%atin% circumstance o$
vo#untar! surrener.
8. !hether or not the crime #as committed in contempt of
or #ith insult to the public authorities.
The tria# court he# that the shootin% to eath o$ 'rancis ha been one Cin
contem"t o$ or with insu#t to the "ub#ic authoritiesB
Ener Re"ub#ic 3ct 19;8, as amene, a teacher o$ a
"ub#ic or "rivate schoo# is consiere a "erson in authorit!.
The $act that -r. Damaso 5asi#bas, the teacher in
mathematics, was a#rea! chec2in% the attenance i not
eter the accuse $rom "ursuin% his evi# act, The accuse
i%nore his teacherAs "resence an "#eas. Not !et satis$ie
with the crime an terror he ha one to 'rancis an the
entire schoo#, the accuse entere the $acu#t! room an
he# hosta%e the teachers an stuents who were insie
that room. To the court, this act o$ the accuse was an
insu#t to his teachers an to the schoo#, an act o$ ca##us
isre%ar o$ otherAs $ee#in%s an sa$et! an com"#ete#!
re"rehensib#e.
A0
0e be#ieve the tria# court erre in so $inin% the "resence o$ a %eneric a%%ravatin%
circumstance. 3rtic#e 192 o$ the Revise 5ena# &oe, as amene b! Re"ub#ic
3ct No. 19;8 an 5resientia# Decree No. 299, "rovies as $o##owsB
3rt. 192. Persons in authority and agents of persons in
authority. 3 !ho shall be deemed as such. 3 )n applying
the provisions of the preceding and other articles of this
Code$ any person directly vested #ith jurisdiction$ whether
as an iniviua# or as a member o$ some court or
%overnment cor"oration, boar, or commission, shall be
deemed a person in authority. 3 barrio ca"tain an a
baran%a! chairman sha## a#so be eeme a "erson in
authorit!.
3 "erson who b! irect "rovision o$ #aw or b! e#ection or b!
a""ointment b! com"etent authorit!, is char%e with the
maintenance o$ "ub#ic orer an the "rotection an securit!
o$ #i$e an "ro"ert!, such as a barrio counci#man, barrio
"o#iceman an baran%a! #eaer an an! "erson who comes
to the ai o$ "ersons in authorit!, sha## be eeme an a%ent
o$ a "erson in authorit!.
)n applying the provisions of &rticles 15. and 161 of this
Code$ teachers$ professors an "ersons char%e with the
su"ervision of "ub#ic or duly recogni7ed private schools$
co##e%es an universities, an #aw!ers in the actua#
"er$ormance o$ their "ro$essiona# uties or on the occasion
o$ such "er$ormance, shall be deemed persons in authority.
?3s amene b! 5.D. No. 299, )e"tember 19, 19;4 an
,atas 5ambansa ,#%. 8;4, =une 12, 1989@.
&are$u# reain% o$ the #ast "ara%ra"h o$ 3rtic#e 192 wi## show that whi#e a teacher
or "ro$essor o$ a "ub#ic or reco%ni<e "rivate schoo# is eeme to be a C"erson in
authorit!,C such teacher or "ro$essor is so eeme on#! $or "ur"oses o$
a""#ication o$ 3rtic#es 148 ?irect assau#t u"on a "erson in authorit!@, an 191
?resistance an isobeience to a "erson in authorit! or the a%ents o$ such
"erson@ o$ the Revise 5ena# &oe. (n mar2e contrast, the $irst "ara%ra"h o$
3rtic#e 192 oes not ienti$! s"eci$ic artic#es o$ the Revise 5ena# &oe $or the
a""#ication o$ which an! "erson Cirect#! veste with .urisiction, etc.C is eeme
Ca "erson in authorit!.C ,ecause a "ena# statute is not to be %iven a #on%er reach
an broaer sco"e than is ca##e $or b! the orinar! meanin% o$ the orinar!
wors use b! such statute, to the isavanta%e o$ an accuse, we o not be#ieve
that a teacher or "ro$essor o$ a "ub#ic or reco%ni<e "rivate schoo# ma! be
re%are as a C"ub#ic authorit!C within the meanin% o$ "ara%ra"h 2 o$ 3rtic#e 14 o$
the Revise 5ena# &oe,
A1
the "rovision the tria# court a""#ie in the case at bar.
3&&6RD(NGLO, the ecision o$ the tria# court ate 41 =u#! 198: is hereb!
-6D('(7D in the $o##owin% manner an to the $o##owin% e/tent on#!B
'EO'LE O. THE 'HILI''INES vs.'A!ITO STO. TO"AS G.R. No+. L-40A66-
69 Au<u+4 22, 190 !UEVAS, J.:
3t about ten oAc#oc2 in the evenin% o$ -a! 24, 19:;, tra%e! struc2 at the
resience o$ the GRELL3) situate in the munici"a#it! o$ Donso#, )orso%on. 3$ter
the smo2e o$ %un $ire ha c#eare, two ?2@ "ersons were $oun ea insie the
house o$ the Gru##as bathe in their own b#oo, name#!B )3L*3&(6N GRELL3,
wi$e o$ the herein accuse-a""e##ant who #a! "rostrate on the $#oor at the sa#a8 an
a""e##antAs mother-in-#aw &6N)6L3&(6N ,7L-6NT7 *D3. D7 GRELL3 who
a""eare seate motion#ess on a chair with her bo! rec#inin% on a tab#e. The
thir victim N3T(*(D3D GRELL3, !oun%er sister o$ )a#vacion, near#! esca"e
eath but #i2ewise su$$ere %unshot wouns necessitatin% hos"ita#i<ation $or
a#most a month.
3s an a$termath o$ the a$oresai shootin% incient, three &rimina# &ases were
$i#e be$ore the then &ourt o$ 'irst (nstance o$ )orso%on-,ranch (((, a%ainst
a""e##ant 53&(T6 )T6. T6-3). 6ne $or 53RR(&(D7 uner &rimina# &ase No.
22, $or the eath o$ )a#vacion Gru##a8 another one $or -ERD7R uner &rimina#
&ase No. 24, $or the eath o$ a""e##antAs mother-in-#aw &onso#acion ,e#monte
*a. e Gru##a8 an the thir one $or 'RE)TR3T7D -ERD7R uner &rimina#
&ase No. 29, $or the near $ata# shootin% o$ Nativia Gru##a, a""e##antAs sister-in-
#aw.
3$ter tria#, $o##owin% a "#ea o$ N6T GE(LTO entere u"on arrai%nment, accuse
was convicte an therea$ter sentence as $o##owsB
1. (n &rimina# &ase No. 22B to su$$er the "ena#t! o$
reclusion perpetua8 an to inemni$! the heirs o$ the
ecease )a#vacion Gru##a in the amount o$ 519,000.008
"#us 510,000.00 b! wa! o$ mora# ama%es8
2. (n &rimina# &ase No. 24B to su$$er an ineterminate
"ena#t! o$ twe#ve ?12@ !ears as the minimum, to twent! ?20@
!ears o$ reclusion temporal8 an to inemni$! the heirs o$
ecease &onso#acion *a. e Gru##a in the amount o$
519,000.008 an to "a! 510,000.00 as mora# ama%es "#us
59,000.00 as "unitive ama%es.
4. (n &rimina# &ase No. 29B to su$$er an ineterminate
"ena#t! o$ ten ?10@ !ears o$ prison mayor$ as the minimum
o$ twent! ?20@ !ears o$ rec#usion tem"ora# as the ma/imum8
an to inemni$! Nativia Gru##a, in the amount o$ 5;00.00
as actua# ama%es8 510,000.00 as mora# ama%es8 an
59,000 as "unitive ama%es8 "#us 'rom the a$oresai
.u%ment, accuse venti#ate an a""ea# to this &ourt,
see2in% the reversa# o$ his a$oresai conviction on the
%roun that the tria# court a##e%e#! erreD
27
(
(N +6LD(NG T+3T )3L*3&(6N GRELL3 () T+7 0('7
6' T+7 3&&E)7D-3557LL3NT8
((
(N '(ND(NG T+3T N3T(*(D3D GRELL3 0(TN7))7D
T+7 )+66T(NG 6' )3L*3&(6N GRELL3 3ND
&6N)6L3&(6N *D3. D7 GRELL38
(((
(N '(ND(NG T+3T TR73&+7RO 3&&6-53N(7D T+7
)+66T(NG 6' N3T(*(D3D GRELL38
(*
(N '(ND(NG T+3T T+7 3GGR3*3T(NG &(R&E-)T3N&7
6' 3,E)7 6' )E57R(6R )TR7NGT+ 3TT7ND7D T+7
&6--())(6N 6' T+7 6''7N)78
*
(N T3K(NG (NT6 3&&6ENT T+7 3GGR3*3T(NG
&(R&E-)T3N&7 6' D07LL(NG (N T+7 (-56)(T(6N
6' 57N3LT(7)8
*(
(N '(ND(NG T+3T N3T(*(D3D GRELL3 )E''7R7D
57R-3N7NT D7'6R-(TO 'R6- T+7 (N=ERO 0+(&+
&6ELD +3*7 &3E)7D +7R D73T+8
*((
(N 303RD(NG D3-3G7) D7)5(T7 T+7 3,)7N&7 6' 3
&L73R 3ND &6N*(N&(NG 5R66' (N )E556RT
T+7R76'8 an
*(((
(N &6N*(&T(NG 3557LL3NT 6N T+7 ,3)() 6'
5ER7LO &(R&E-)T3NT(3L 7*(D7N&7.
The "rosecutionAs version o$ the incient in >uestion as summari<e b! the
)o#icitor Genera# runs thusD
6n -a! 24, 19:; at about 10B00 oAc#oc2 in the evenin%,
Nativia Gru##a, then a 19 !ear o# %ir#, was en%rosse in
reain% the (##ustrate &#assics in her beroom at the Gru##a
resience in Danso#, )orso%on ?"". 19, 21, tsn, 'eb. 29,
19:9@. 3#so then at home, were her ne"hews, 'ie#, 5acito,
=r., an Roberto, her sisters, ,#esi#a an )a#vacion, her
mother &onso#acion Gru##a, a niece, 3#ma an their mai
3ve#ina ,oreos ?", 44, tsn, Dec. 9, 19:8@. 3 brother, )i/to,
was out o$ the house at that time, whi#e two other brothers
)amue# an 3#$reo, were as#ee" in the house o$
NativiaAs %ranmother #ocate at the bac2 o$ their
resience ?". 48, tsn, (bi@. ,etween 10B00 oAc#oc2 an
11B00 oAc#oc2 that same evenin%, )a#vacion Gru##aAs
husban, 5acito )to. Tomas arrive b! car an 2noc2e at
the $ront oor o$ the Gru##a resience an u"on hearin% the
2noc2in%, Nativia "roceee to the $ront oor to o"en it
but 5acito ha wa#2e towars the bac2 oor an 2noc2e
u"on it. ?". 4, tsn, Dec. 2;, 19:8@. 5acitoAs wi$e, )a#vacion,
"roceee to meet him in the 2itchen. 6nce insie, 5acito
as2e his wi$e to %o with him, to%ether with their chi#ren,
an rushe the mai to %et their thin%s "ac2e $or Le%as"i
&it!. Nativia saw the cou"#e ta#2in% in the sa#a. ?". 9, tsn,
(bi.@.
3wa2ene b! 5acito an )a#vacionAs conversation,
&onso#acion Gru##a, )a#vacion an NativiaAs mother,
came out o$ her beroom an .oine the s"ouses in the
sa#a. There, 5acito as2e his mother-in-#awAs "ermission to
brin% his wi$e an chi#ren to Le%as"i &it!. )"ea2in% in the
ia#ect, &onso#acion Gru##a re"#ie, C5acito, m! au%hter
cannot %o with !ou to Le%as"i because she oes not want
to #ive with !ou. )he can no #on%er enure the su$$erin%s
she is uner%oin% because o$ !our .ea#ous!.C 5acito,
however, retorte, C-a!, ( cannot ta#2 over this thin% with
!ou an! #on%er an ( wou# #i2e *acion to %o with me to
Le%as"i.C ?". 9, tsn, Dec. 2;, 19:8@ 3$ter which, he turne to
his wi$e an as2e her whether she was %oin% with him, but
she answere that she cou# not o so because their
!oun%est chi# ,#esi#a, then on#! seven months o#, was
with $ever ?". 4:, tsn, Dec. 9, 19:88 ". :, tsn, Dec. 2;,
19:8@.
Later, whi#e Nativia was a#rea! in her room she hear a
series o$ %unshots that cause her to sto""e reain%, an
she went out her room to see 5acito $irin% at her sister ?". :,
tsn, Dec. 2;, 19:88 "". :, 44 an 49, tsn, 'eb. 29, 19:9@.
3$ter the series o$ %unshot b! 5acito, Nativia then saw
her mother seate, motion#ess, on a chair about three
meters $rom 5acito, her bo! rec#inin% on a tab#e, whi#e her
sister #a! "rostrate on the $#oor ?"". 29, 41-44, tsn. Dec. 9,
19:88 ". :, tsn, Dec. 2;, 19:8@. Then, in res"onse to
NativiaAs ca## o$ C-ana!C, -rs. )to. Tomas raise her
hea s#i%ht#! but was a""arent#! too wea2 to rise ?". 2;, tsn,
Dec. 9, 19:88 ". :, tsn, Dec. 2;, 19:8@. Nativia "#eae
with 5acito to s"are )a#vacionAs #i$e te##in% him that the #atter
wou# %o with him to Le%as"i. ,ut her "#eas merite no
more than an e/"ression o$ C+mmmC $rom 5acito who
be%an to re#oa his revo#ver ?". :, tsn, Dec. 2;, 19:8@.
3t this .uncture, Nativia suen#! remembere that her
sister ha to# her, sometime in the "ast, that 5acito ha
threatene to 2i## a## the members o$ the Gru##a $ami#! ?". :,
tsn, Dec. 2;, 19:8@. )care b! this reco##ection, Nativia
thou%ht o$ esca"in%, an $orthwith returne to her beroom,
her bac2 now towars the accuse, her hans raise in a
%esture o$ surrener. 3s she entere her room she hear
%unshots a%ain, an she turne aroun to $in out at whom
the accuse was $irin%, but as she i so, she $e#t her #e$t
arm %o numb ?". 44, tsn, Dec. 9, 19:8, ". ;, tsn, Dec. 2;,
19:88 ". 4;, tsn, 'eb. 29, 19:9@. )he saw her #e$t arm b#ee
an trie to su""ort it with her ri%ht han, but 5acito shot
her once more, this time hittin% her ri%ht $orearm ?". 49, tsn,
Dec. 9, 19:8@. 'ri%hteneA to eath, she ran throu%h the
$ront oor, shoutin% $or he#" at the to" o$ her voice ?". 49,
tsn, Dec. 9, 19:88 ". ;, tsn, Dec. 2;, 19:88 ". 42, tsn, 'eb.
29, 19:9@. E"on reachin% a oromon tree some ten meters
awa! $rom her house, she met Re!na#o -asan>ue an
+os"icio 5asibi, who were on their wa! to $in out the
cause o$ the successive %unshots that the! ha hear whi#e
conservin% in the "ar2 near the munici"a# bui#in%.
28
Nativia thereu"on re>ueste Re!na#o -asan>ue to %o
to her mother an sister, te##in% him that the! ha been shot
an so -asan>ue com"#ie, an ran towars NativiaAs
house ?"". 9, 1:-20, tsn, -arch 41, 19;0@. E"on reachin%
the oor o$ the Gru##a resience, -asan>ue saw 5acito )to.
Tomas insie, his ri%ht han ho#in% a %un an his bac2
towars the oor. -asan>ue #i2ewise saw )a#vacion #!in%
on the $#oor an &onso#acion #eanin% a%ainst a tab#e ?"". :-
;, tsn, (bi@. 3$rai that he mi%ht be shot i$ he were seen b!
5acito, -asan>ue #e$t immeiate#!, an he overtoo2
Nativia Gru##a near the house o$ -r. ,arios, her arms
bein% he# b! +os"icio 5asibi ?"". 10, 11, tsn, (bi@. E"on
reachin% the corner o$ &a##e Tres -arias, the! met )i/to
Gru##a, a brother o$ Nativia, who ha a#so been a#arme
b! the shots he hear. )i/to went with them to the
munici"a# bui#in%, an on the wa!, Nativia un$o#e to
him the tra%ic incient ?". 11, tsn, -arch 41, 19;08 ". 1:,
tsn, 3"ri# 1, 19;0@.
1
6n the other han, a""e##antAs version o$ the incient tens to show that it was his
wi$e )a#vacion Gru##a who accienta##! shot his mother-in-#aw, the ecease
&onso#acion ,e#monte *a. e Gru##a. )ummin% u" his evience, it a""ears that
he went to Donso#, )orso%on on the $ata# a! in >uestion in orer to $etch his wi$e
)a#vacion Gru##a an their chi#ren $or "ur"oses o$ brin%in% them to Le%as"i &it!
since he wi## have to be con$ine in a hos"ita# on the $o##owin% a! u"on orers o$
his octor. E"on reachin% his wi$eAs "#ace, he 2noc2e at the bac2 oor near the
2itchen. )a#vacion o"ene the oor. Ri%ht then an there, a""e##ant to# her to %et
rea! $or Le%as"i &it! with their chi#ren. )a#vacion re$use to #eave $or Le%as"i
&it! an i%nore a""e##antAs "#ea. 3""e##ant then entere the room occu"ie b!
his mother-in-#aw, &onso#acion, to %et the suitcase containin% his chi#renAs
c#othes. &onso#acion was awa2ene an #earnin% o$ a""e##antAs "ur"ose in %oin%
to their "#ace, she an%ri#! curse the #atter. 3""e##ant then reiterate an
e/"#aine to his mother-in-#aw, ?&onso#acion@ his "ur"ose in $etchin% his wi$e an
chi#ren. 3 verba# a#tercation therea$ter ensue between them urin% which time,
accuse-a""e##ant brane his mother-in-#aw as C 2unsintiora.
3n%ere b! the harsh an iscourteous wors o$ the a""e##ant, &onso#acion
%rabbe both hans o$ the #atter $rom behin an whi#e stru%%#in% to $ree himse#$
$rom his mother- in-#aw, )a#vacion %rabbe a""e##antAs -a%num 49; revo#ver $rom
the #atterAs shou#er ho#ster, an when )a#vacion saw accuse 2ic2in% her mother,
she $ire the %un hittin% the a""e##ant at the #ower manib#e is#ocatin% his
manib#e an shatterin% com"#ete#! his "har!n/. The $orce o$ the %un $ire ri$te
the a""e##ant, $orcin% him to $a## b! his sie on the $#oor b#eein% an %as"in% $or
breath. )a#vacion $e## on her 2nees besie the $a##en bo! o$ accuse-a""e##ant
an in a moment o$ se#$-recrimination uttere out o$ $ear. C( "u##e the tri%%er o$ the
%un when ( saw !ou 2ic2e m! mother. ( i not o it "ur"ose#!, &itoC re$errin% to
the a""e##ant. 3ccuse-a""e##ant then succeee in reachin% $or the %un he# b!
his wi$e )a#vacion. )a#vacion ware him o$$ an ca##e her mother $or he#".
)a#vacion, &onso#acion an a""e##ant then be%an %ra""#in% $or the %un. (n the
"rocess, the %un went o$$ hittin% &onso#acion who was thrown bac2war into a
chair. )ti##, accuse-a""e##ant an )a#vacion continue to %ra""#e $or the
"ossession o$ the %un unti# both o$ them $e## on the $#oor with )a#vacion $a##in% on
to" o$ the a""e##ant. 3s the! continue %ra""#in% near a tab#e, the %un a%ain
e/"#oe. 'ina##!, )a#vacion s#ow#! re#a/e her ho# on the %un an sai C( am hit,
&itoC, an therea$ter $e## on the $#oor. Later, accuse-a""e##ant hear a noise
comin% $rom the room o$ Nativia Gru##a, sister o$ )a#vacion. 3$rai that
someone was tr!in% to %ain entrance into the beroom, accuse-a""e##ant
instinctive#! re#oae his %un an $ire in the %enera# irection o$ the beroom
where the noise came $rom. The noise sto""e an suen#! Nativia cr!in%,
came out o$ the beroom across the sa#a.
6
3s wi## be note, a""e##ant enies an! #iabi#it! $or the eath o$ )a#vacion ?his
ecease wi$e@, &onso#acion ?his mother-in-#aw@, an the near $ata# shootin% o$
Nativia ?his sister-in-#aw@, c#aimin% that the eath o$ the two ?2@ a$orementione
victims was "ure#! accienta#, the $irin% o$ his %un that hit them bein% brou%ht
about b! )a#vacionAs %ra""#in% with him $or the "ossession thereo$. Dis"utin% this
c#aim, however, an tota##! emo#ishin% the veracit! o$ sai assertion, are the
in.uries sustaine b! the ecease as shown b! the "ost mortem e/amination
conucte u"on their caavers. )a#vacion Gru##a su$$ere $our ?4@ %unshot
wounsB one on the "osterior as"ect o$ her nec28 another one on the chest8 a thir
one on the #e$t abomina# re%ion8 an a $ourth one on the ri%ht $orearm.
0
-rs. &onso#acion Gru##a on the other han, #i2ewise sustaine $our ?4@ %unshot
wounsBDone on the #e$t $ace .ust be#ow the chee2bone8 a secon one on the #e$t
sie o$ the nec28 a thir one on the #e$t chee2 at the #eve# o$ the secon rib8 an a
$ourth one at the bac2 #e$t sie o$ her bo!. These mu#ti"#e %unshot wouns
sustaine b! the two ?2@ a$orementione victims conc#usive#! ne%ate the theor!
es"ouse b! the a""e##ant-that the shootin% was mere#! accienta#. 6n the
contrar!, the! were mute but vivi testimonia#s o$ the manner b! which the! were
in$#icte-inicatin% that both )a#vacion an &onso#acion were e#iberate#! $ire
u"on b! the a""e##ant thereb! sustainin% those various %unshot wouns resu#tin%
in their eath.
The same ho#s true with re%ars to Nativia. That she was intentiona##! $ire
u"on b! the a""e##ant is c#ear#! estab#ishe b! her c#ear an strai%ht$orwar
testimon! which o not a""ear to have been ente es"ite ri%orous an ri%i
cross-e/amination. Nativia testi$ie that the e/chan%e o$ wors between
a""e##ant an his wi$e )a#vacion at their sa#a awa2ene her. &omin% out o$ her
beroom, Nativia .oine the s"ouses ?a""e##ant an )a#vacion@ an her mother
&onso#acion in the sa#a. The incient was "recee b! a""e##antAs "#ea u"on
&onso#acion to a##ow )a#vacion to %o with him to Le%as"i &it! since he was %oin%
to enter the hos"ita# the $o##owin% a!. &onso#acion to# a""e##ant that her
au%hter )a#vacion is no #on%er wi##in% to %o an #ive with him because o$ the
unto# miseries an su$$erin%s she has uner%one at his hans brou%ht about b!
a""e##antAs .ea#ous!. Turnin% u"on his wi$e ?)a#vacion@ a""e##ant a#so %ot a
ne%ative answer. ,esies, ,)a#vacion to# a""e##ant that their au%hter ,#esi#a
was su$$erin% $rom hi%h $ever at the time.
3s the heate e/chan%e o$ wors went on between a""e##ant ,on the one han
an &onso#acion an )a#vacion at the other, an whi#e Nativia was returnin% to
her beroom, a series o$ %unshots rent the air. )he then turne aroun an saw
a""e##ant $irin% at )a#vacion. 3s she ste""e bac2 into their sa#a, she saw
accuse ho#in% his revo#ver.
4
)he a#so saw her mother &onso#acion about three
meters awa! $rom the a""e##ant a#rea! rec#inin% on a tab#e tota##! motion#ess.
Nativia ca##e her but there was no answer. &onso#acion was a#rea! ea.
Nativia continue "#eain% to the a""e##ant to s"are the #i$e o$ his sister
)a#vacion te##in% him that the #atter wi## now %o with him to Le%as"i &it!.
NativiaAs "#ea, however, $e## on ea$ ears. 'ri%htene that a""e##ant ma! now
vent his ire on her an a#rea! "anic2! at the time, she rushe bac2 to her
beroom with her hans raise in %esture o$ surrener. 3s she was enterin% her
room she a%ain hear %unshots. )he turne aroun to see whom the accuse
was $irin% at on#! to $in out that she was a#rea! hit at her #e$t arm which was
"ro$use#! b#eein% at that time. )he trie to su""ort it with her ri%ht arm, but the
accuse a%ain $ire at her this time hittin% her at her ri%ht $orearm. )he #ost no
time runnin% out o$ the house "assin% b! their $ront oor to esca"e $rom the
a""e##ant, simu#taneous#! shoutin% $or he#".
7/amine an treate b! Dr. 3an R. 7va o$ the 3#ba! 5rovincia# +os"ita# on that
same ni%ht, she was $oun to have su$$ere

%unshot wouns at the "osterior

#atera# sie, mi#e thir #e$t $orearm8 another %unshot woun with #acerate
e%es on the "osterior sur$ace o$ her #e$t e#bow8 a thir %unshot woun with
#acerate e%es on ista# 1I9 "osterior sur$ace #e$t arm8 an a com"oun $racture
o$ the #e$t $orearm.
Testi$!in% on the sai in.uries, Dr. 7va state that the in.ur! o$ the #e$t $orearm
which "enetrate throu%h an throu%h, causin% a com"oun $racture comminute
with bone $ra%ments which necessitate an o"eration cou# have cause the
eath o$ the "atient were it not $or the time#! sur%er! because com"#ications cou#
have arisen an tetanus wou# have set in.
That a""e##antAs %un which ha $ina##! been etermine to be a -a%num 49;
revo#ver was $ire intentiona##! a""eare $urther corroborate b! the em"t! she##s
29
$oun at the sa#a o$ the Gru##asA resience. &hie$ o$ 5o#ice )a#vatierra res"onin%
to the re"ort o$ the shootin% incient, $oun ten ?10@ em"t! she##s on the $#oor o$
the sa#a o$ -rs. Gru##aAs house. (ns"ectin% the -a%num revo#ver o$ the a""e##ant,
he $oun insie its chamber one em"t! she## an another #ive bu##et. &onsierin%
that the revo#verAs chamber cou# accommoate on#! si/ ?:@ bu##ets at a time an
as amitte b! the a""e##ant himse#$, the %un was re#oae a$ter bein% em"tie. ($
the $irst shot was accienta#, wh! was there a necessit! to re#oa the sai %unH
0ou# that not be invitin% more troub#e that cou# #ea to more isastrous
conse>uencesH ($ his version is true, he shou# have thrown that %un awa! to
"revent a re"etition o$ it bein% $ire b! accient. ,ut that is not what he i. +is
re#oain% o$ that %un estro!s an unrave# the $a#sit! o$ his concoction. To
subscribe with a""e##antAs c#aim o$ accienta# shootin% wi## be %u##ibi#it! at its
hi%hest.
The tria# court $oun Nativia Gru##a to be a ver! creib#e witness. +er testimon!
a""eare "ositive, cate%orica# an une>uivoca# es"ite ri%i an thorou%h cross-
e/amination. )he has never waivere much #ess vaci##ate at an! time throu%hout
the entire course o$ her testimon!.
3s a"t#! observe b! the tria# courtD3 care$u# ana#!sis o$ NativiaAs testimon!
%ives out the revea#in% $act that she saw somethin% e#se, an this was the horrib#e
s"ectac#e o$ her he#"#ess sister bein% $ire at "ointb#an2 b! the accuse, Nativia
stuc2 to this statement, ma2in% no mention whatsoever, however, that she saw
the accuse oin% the same to an e>ua# be#ove i$ not a $ar earer iniviua# in
the "erson o$ her mother whom, she saw at the same moment seate motion#ess.
This unembe#ishe testimon! o$ Nativia, who cou# have so easi#! "ointe an
accusin% $in%er at the accuse as havin% been #i2ewise seen b! her $irin% at her
mother, e/ues nothin% #ess than the untarnishe truth o$ what she actua##! saw
an s"o2e o$. ($ her "ur"ose in ec#arin% $orthri%ht that she actua##! saw accuse
5acito )to. Tomas $irin% at )a#vacion was none other than to $a#se#! im"#icate him,
how easi#! cou# she have one the same inso$ar as the incient concerne her
motherZ
0e can o no #ess in accorin% her the same creence since the recor is bere$t
o$ an! circumstance o$ note that wi## ne%ate +is +6N6RAs $inin%s an
conc#usions.
6
(n view thereo$, 0e $in no merit in a""e##antAs assi%nment o$ error nos. ((, (((, *(
an *(((.
(n &rimina# &ase No. 22, accuse-a""e##ant was char%e with an convicte o$
53RR(&(D7, the victim bein% his wi$e )a#vacion Gru##a. 3""e##ant, however,
contens that even assumin% he cou# be mae #iab#e $or the eath o$ )a#vacion,
!et his conviction $or "arricie is erroneous, his marria%e to the #atter bein% nu##
an voi since he is "revious#! marrie to a certain 5rima 5atanao wa!bac2 in
1944. (n su""ort o$ his a$oresai c#aim, he "resente 5rima 5atanao who testi$ie
on this a##e%e marria%e. +e a#so introuce a /ero/ co"! o$ his a##e%e marria%e
certi$icate
6
with 5atanao. E"on ob.ection, however, b! the "rosecution, the tria#
court re.ecte sai /ero/ co"! since amission thereo$ vio#ates the best evience
ru#e.
0e a%ree with +is +onorAs ru#in%, the same bein% we##ta2en. )ection 2, Ru#e 140
o$ the Ru#es o$ &ourt "roviesB
)ec. 2. 9riginal #riting must be produce e:ceptions.D
There can be no evience o$ a writin% the contents o$ which
is the sub.ect o$ in>uir!, other than the ori%ina# writin% itse#$,
e/ce"t in the $o##owin% casesB
a@ 0hen the ori%ina# has been #ost, estro!e, or cannot be
"rouce in court8
c@ 0hen the ori%ina# is in the "ossession o$ the "art!
a%ainst whom the evience is o$$ere, an the #atter $ai#s to
"rouce it a$ter reasonab#e notice8
c@ 0hen the ori%ina# is a recor or other ocument in the
custo! o$ a "ub#ic o$$icer8
@ 0hen the ori%ina# has been recore in an e/istin%
recor a certi$ie co"! o$ which is mae evience b! #aw8
e@ 0hen the ori%ina# consists o$ numerous accounts or
other ocuments which cannot be e/amine in court
without %reat #oss o$ time an the $act sou%ht to be
estab#ishe $rom them is on#! the %enera# resu#t o$ the
who#e.
None o$ the a$oresai circumstances a""eare "roven b! the e$ense evience
that wi## su$$icient#! warrant amission o$ the /ero/ co"! in >uestion. The
uncorroborate testimon! o$ 5atanao har#! su$$ice to overthrow the #e%a#it! o$
a""e##antAs marria%e to the ecease )a#vacion Gru##a.
3nent a""e##antAs submission that the tria# court erre in consierin% we##in% as
an a%%ravatin% circumstance, we $in the same bere$t o$ an! #e%a# su""ort. There
is no is"ute that the "#ace where the crimes herein invo#ve were committe is
the house o$ &onso#acion Gru##a. (t is there where she #ives with her au%hter,
Nativia Gru##a ?the other victim@ an where )a#vacion Gru##a was tem"orari#!
sta!in% in orer to esca"e $rom the bruta#ities o$ the a""e##ant brou%ht about b!
the #atterAs .ea#ous!. The $act that )a#vacionAs sta! in the sai "#ace ma! be
consiere as a tem"orar! so.ourn as no va#iit! to a""e##antAs stance on this
"oint. 3s we ear#ier he# in People vs. Galapia,
0
the a%%ravatin% circumstance o$
we##in% is "resent when the a""e##ant 2i##e his wi$e in the house occu"ie b! her
other than the con.u%a# home. )imi#ar#!, we##in% is a%%ravatin% where the
o$$ene "art! was ra"e in a boarin% house rente b! her.
9
3""e##ant a#so >uestions the tria# courtAs $inin%s that Nativia Gru##a su$$ere
"ermanent e$ormit!
10
b! reason o$ the in.uries sustaine b! her. 'urthermore,
he a#so asserts that no treacher! attene the shootin% o$ Nativia. 3 review o$
the evience on recor, however, c#ear#! inicates that Nativia was $ire u"on
b! the a""e##ant whi#e she was enterin% her beroom with her bac2 turne a%ainst
the a""e##ant. #t was whi#e she was runnin% awa! with her arms raise in
surrener that accuse $ire at her. Treacher! there$ore c#ear#! attene the
attac2 mae u"on her.
11
0ith res"ect to the >uestione e$ormit!, it was inubitab#! shown that she is now
"ermanent#! maine. +er #e$t arm became shorter than her ri%ht arm as a resu#t o$
the %unshot woun sustaine b! her. 3## ho"e o$ her #e$t arm bein% restore to its
norma# #en%th ha been tota##! $orec#ose. (n short, her "resent conition is
be!on meica# re"air. ,! reason thereo$, she is now e/"ose to "ub#ic riicu#e
asie $rom havin% s"ent some 5;00.00 $or her hos"ita#i<ation. )he a#so #ost the
chance o$ a #i$etime to better her $uture in the $orm o$ a scho#arshi" %rant b! the
(nsu#ar Li$e 3ssurance &or"oration amountin% to 510,000.00. The two ?2@ bu##ets
"um"e into her bo! $rom the %un o$ the accuse e"rive her o$ a better
tomorrow an tota# #oss o$ the monetar! va#ue o$ sai scho#arshi" %rant to which
she is ri%ht$u##! entit#e to.
3sie $rom "arricie, accuse-a""e##ant was #i2ewise $oun %ui#t! o$ -ERD7R $or
the eath o$ her mother-in-#aw &onso#acion *a. e Gru##a. The (n$ormation in this
case
12
a##e%e evient "remeitation as the >ua#i$!in% circumstance. 0e,
however, $oun no evience on recor "rovin% the e/istence o$ sai
circumstance. &onso#acion was $ire u"on whi#e ar%uin% with the a""e##ant, the
#atter havin% "robab#! b#ac2e-oute when he therea$ter s>uee<e the tri%%er o$
his %un aime at &onso#acion. There is #i2ewise no evience on recor showin%
the manner b! which he was attac2e anIor $ire u"on b! the a""e##ant. +ence,
a""e##ant ma! be #iab#e on#! $or +omicie.
0+7R7'6R7, the .u%ment a""ea#e $rom is hereb! 3''(R-7D.
G.R. No. L-A0449 O94o-(5 A1, 1969
30
THE 'EO'LE O. THE 'HILI''INES, "#ainti$$-a""e##ee,
vs.
ANTONIO GAR!IA Y !A&ARSE #l;#+ FTONY "ANOBF #$% REYNALDO
ARVISO V RE&ELLECA #l;#+ FRENE &ISUGO,F e$enants-a""e##ants. A&AD
SANTOS, J.:
This is an a""ea# $rom the ecision o$ 3"ri# 1;, 19:9 b! the &ircuit &rimina# &ourt
at 5asi%, Ri<a#, which $oun the accuse %ui#t! o$ murer an sentence them to
the eath "ena#t!.
The #e%a# verict hin%es on the testimon! o$ the #one e!ewitness $or the
"rosecution, -rs. &ora<on Dio>uino 5aterno, sister o$ the ecease, 3"o#onio
Dio>uino, =r. )he testi$ie that at the time o$ the incient, she resie at *entani##a
)treet, 5asa! &it!. )he #ive at 5asa! &it! $or about $ive months be$ore movin% to
another we##in% at Timo% 3venue, Pue<on &it!. 0hi#e resiin% at 5asa! &it!,
she conceive a chi# an urin% this "erio, it was not unusua# $or her,
accom"anie b! her husban, to ste" out o$ the house in the wee hours o$ the
mornin%. The! set out on these irre%u#ar wa#2s about $ive times.
Durin% her resience at 5asa! &it!, her brother 3"o#onio visite her $ami#! $or
about twent! times. )ometimes her brother wou# sta! instea at their "arentsA
house at -untin#u"a, Ri<a#. +e usua##! s"ent his wee2ens in his resience at ,o.
,a#uba, 5orac, 5am"an%a. 3"o#onio an her husban were ver! c#ose to each
other8 whenever 3"o#onio "ai them a visit, he usua##! s#e"t in the house an
sou%ht their he#" on various "rob#ems.
,e$ore the incient which %ave rise to this case, &ora<onAs husban in$orme her
that he saw 3"o#onio en%a%e in a rin2in% s"ree with his %an% in $ront o$ an
estab#ishment 2nown as ,i##As 5#ace at -. e #a &ru< )treet. 5asa! &it!. (n her
sworn statement be$ore the 5asa! &it! 5o#ice e/ecute on November 4, 19:8,
&ora<on surmise that her husban must have been "aintin% the town re ?Cna%
%oo timeC@ in that same "#ace. E"on #earnin% this in$ormation $rom her husban,
&ora<on obtaine "ermission to #eave the house at 4B00 a.m. so she cou# $etch
her brother. 3t that time, she ha not been aware that 3"o#onio was in 5asa!
&it!8 she ha been o$ the be#ie$ that he was with his $ami#! in 5am"an%a. )he
went to $etch him because she wante him to esca"e the untowar in$#uence o$
his %an%. (n e/"#ainin% the rationa#e $or her noctura# mission, she em"#o!e in her
sworn statement the $o##owin% #an%ua%eB CDahi# iton% si =unior a! meron na
2amin% naba#itaan na naaa2a! n% bar2aa ni!a sa "a%%awa n% hini mabuti.C
6n her wa!, as she roune the corner o$ 5.&. )antos )treet, &ora<on saw her
brother $#eein% a %rou" o$ about seven "ersons, inc#uin% the two accuse,
3ntonio Garcia an Re!na#o 3rviso. )he reco%ni<e the two accuse because
the! were $ormer %an%mates o$ her brother8 in $act, she 2new them be$ore the
incient b! their a#iases o$ CTon! -ano2C an CRene ,isu%o, C res"ective#!.
&ora<on saw that the chase was #e b! the two accuse, with 3ntonio carr!in% a
#on% shar" instrument. Later, in the course o$ %ivin% her sworn statement be$ore
the 5asa! &it! 5o#ice on , November 4, 19:8, &ora<on "ositive#! (enti$ie
3ntonio an Re!na#o, who were then at the o$$ice o$ the Genera# (nvesti%ation
)ection, )ecret )ervice Division, 5asa! &it! 5o#ice De"artment. )he a#so state
that i$ she saw the other members o$ the %rou" a%ain, "erha"s she cou# #i2ewise
(enti$! them. 3t the tria#, &ora<on #i2ewise "ointe out the two accuse. Durin%
the incient, she e/erte e$$orts to (enti$! the other %rou" members, ta2in% care
to concea# herse#$ as she i so. )he hear a %unshot which cause her to see2
cover.
0hen she venture to #oo2 $rom where she was hiin%, about 20 meters awa!,
she saw the %rou" catch u" with her brother an ma#treat him. )ome beat him
with "ieces o$ woo, others bo/e him. (mmeiate#! a$terwars, the %rou"
scam"ere awa! in i$$erent irections. 3ntonio was #e$t behin. +e was sittin%
astrie the "rostrate $i%ure o$ 3"o#onio, stabbin% the #atter in the bac2 with his
#on% 2ni$e. &ora<on was not ab#e to observe where 3ntonio #ater $#e, $or she
cou# har#! bear to witness the scene.
0hen &ora<on mustere the coura%e to a""roach her brother, she saw that he
was bathe in a "oo# o$ his own b#oo. The incient threw her in a state o$
nervous con$usion, an she reso#ve to re"ort the incient to her !oun%er sister,
who #ive at La2anu#a )treet, 5asa! &it!. +er sister in turn ecie to brea2 the
news to their $ather at -untin#u"a.
)ubse>uent#!, &ora<on #earne that the "o#ice authorities were searchin% $or her
brotherAs %an%mates $or havin% 2i##e him. )he a#so #earne that the sus"ects
were in hiin%. 6n the same a! D 6ctober 19, 19:8 D accom"anie b! her
$ami#!, she went at 2B00 ".m. to the 5o#ice De"artment to in>uire about her
brotherAs cor"se. The! were irecte to the 'uneraria 5o"u#ar, where an auto"s!
was he#. )ometime #ater, on November 1, 19:8, she trans$erre resience to
Pue<on &it!.
Dr. -ariano &ueva, =r. testi$ie that he conucte a post,mortem e/amination on
the caaver o$ the eceent 3"o#onio, an that he "re"are the corres"onin%
Necro"s! Re"ort. Dr. &ueva $oun that the ecease su$$ere 22 stab wouns in
the i$$erent "ortions o$ his hi"s8 in the $ront "ortion o$ the chest an nec28 in the
bac2 "ortion o$ the torso8 an in the ri%ht han. +e testi$ie that the wouns
sustaine b! the ecease brou%ht about a massive hemorrha%e which cause
eath. +e a#so testi$ie that it is "ossib#e that the instrument mar2e as 7/hibit C,C
cou# have been use in in$#ictin% the mu#ti"#e stab wouns sustaine b! the
ecease, e/ce"t the stab wouns on the nec2.
,oth the accuse too2 re$u%e in the e$ense o$ a#ibi. 3ntonio Garcia c#aime that
at that time o$ the incient D startin% with the chase an enin% with the victimAs
eath D in the mornin% o$ 6ctober 19, 19:8, he was at a "#ace ca##e 5acitaAs
&anteen which a.oins ,i##As 5#ace at -, e #a &ru< )treet. Re!na#o 3rviso
c#aime that in the evenin% o$ the "recein% ni%ht ?6ctober 18, 19:8@ he went on
a rin2in% s"ree with his $riens at 5acitaAs &anteen. +e went home at 10B40 ".m.
an s#e"t u" to ;B00 a.m. o$ 6ctober 19, 19:8. 'rom ;B00 a.m. o$ that a!, he
"er$orme his uties as a bus conuctor b! ca##in% $or "assen%ers near 5acitaAs
&anteen.
The tria# court "in"ointe the issue as revo#vin% aroun the (entit! o$ the "ersons
who "artici"ate in the 2i##in% o$ the ecease. it ban2e on the testimon! o$ the
witness, &ora<on Dio>uino, who "ositive#! (enti$ie the accuse as "artici"ants
in the attac2. Notin% that Cthe e$ense i not even attem"t to "resent an! evi#
motive on the "art o$ the witness,C the court conc#ue that Cthe two accuse too2
"art in the "er"etuation o$ the crime char%e.C (t %ave short shri$t to the e$ense o$
a#ibi "resente b! the two accuse, notin% that, b! their own amission, the two
accuse were resients o$ the vicinit! o$ the crime.
(n res"ect o$ the circumstances attenin% the crime it saiB
,ut consierin% the a%%ravatin% circumstances o$ ni%httime8
su"erior stren%th8 an treacher!, which three a%%ravatin%
circumstances ha been su$$icient#! estab#ishe b! the
"rosecution, the same cannot be o$$set b! sai vo#untar!
surrener to a "erson in authorit! o$ his a%ent, "#us the
unconteste $act that ecease, 3"o#onio Dio>uino, =r.
su$$ere no #ess than 22 stab wouns, convincin% evience
o$ the a""arent crimina# "erversit! o$ the accuse, the
court, there$ore, has no a#ternative but to im"ose the
su"reme "ena#t!.
3n renere .u%ment as $o##owsB
(N *(70 6' T+7 '6R7G6(NG, the &ourt $ins the
accuse, 3ntonio Garcia v &abarse an Re!na#o 3rviso !
Rebe##e<a, GE(LTO, be!on reasonab#e oubt, o$ the crime
o$ -urer uner 3rtic#e 248, o$ the Revise 5ena# &oe, as
char%e uner 3rtic#e 248, o$ the Revise 5ena# &oe, as
char%e in the in$ormation, an consierin% the a%%ravatin%
circumstances surrounin% the commission o$ the crime,
31
each one o$ them is hereb! sentence to su$$er the "ena#t!
o$ D73T+.
The two accuse are $urther orere to inemni$!, the heirs
o$ the ecease, 3"o#onio Dio>uino, =r. in the amount o$
T07L*7 AT+6E)3ND ?512,000,00@ 57)6), .oint#! an
severa##! an to "a! their "ro"ortionate share o$ the costs.
(n their ,rie$, the accuse contene that the #ower court erreB in not consierin%
ni%httime an su"erior stren%th as absorbe in treacher!B in $inin% ni%httime as
an a%%ravatin% circumstance es"ite abso#ute absence o$ evience that ni%httime
was "ur"ose#! sou%ht to insure the e/ecution o$ the crime8 in $inin% su"erior
stren%th as an a%%ravatin% circumstance es"ite absence o$ evience to sustain
such a $inin%8 in $inin% treacher! as an a%%ravatin% circumstance es"ite
absence o$ evience to that e$$ect8 in not statin% the >ua#i$!in% circumstance o$ the
a##e%e crime8 in ho#in% that the accuse Re!na#o 3rviso stabbe an hit the
victim when there is no evience as to the "artici"ation o$ the sai accuse 3rviso
in the e/ecution o$ the a##e%e crime8 an in $ai#in% to consier the materia#
inconsistencies, "re.uice an other circumstances in the uncorroborate
testimon! o$ the on#! e!ewitness, renerin% sai testimon! not worth! o$ be#ie$.
The assi%nment o$ errors b! the accuse is anchore on their attem"t to iscreit
the #one e!ewitness $or the "rosecution, a $unction which, i$ success$u##!
unerta2en, wou# tota##! ob#iterate the ne/us between the accuse an the
crime. The e$ense vi%orous#! maintaine that the testimon! o$ the on#!
e!ewitness is a $abrication, an that she was in $act absent $rom the scene which
she escribe in both her sworn statement an in her testimon! at the tria#.
The e$ense asserte that &ora<on Dio>uinoAs testimon! was ri#e b! materia#
inconsistencies. The e$ense sou%ht to ca"ita#i<e on the iscre"anc! o$ a s2etch
mae b! &ora<on an the s2etch mae b! 5asa! &it! 7#ectrica# 7n%ineer =aime
3rrio#a. &ora<onAs s2etch shows =uan )umu#on% 7#ementar! )choo# to be ri%ht in
$ront o$ 5.&. )antos )treet8 whi#e 3rrio#aAs s2etch shows that the schoo# is about
149 meters $rom the corner o$ the street. The e$ense contene that the
iscre"anc! was a e#iberate $a#sehoo on the "art o$ the witness,
&ora<on testi$ie that she was near the corner o$ 5.&. )antos )treet when she
saw her brother uner chase in $ront o$ the schoo#, an that she met the %rou" in
$ront o$ the schoo# in a matter o$ $ive secons, more or #ess. The e$ense assai#e
her testimon! on this "oint as increib#e on the %roun that the istance between
the "oint where she saw her brother bein% chase, u" to the "oint where she met
them, is 149 meters, an no human bein% can cover that istance in $ive secons.
-oreover, &ora<on testi$ie that she was 20 meters awa! $rom the "#ace where
the accuse cau%ht u" with her brother. 3%ain, the e$ense critici<e her
testimon! in this res"ect b! "ointin% out that the true istance is 1;9 meters.
The e$ense insiste that &ora<onAs s2etch o$ the #oca#e o$ the crime ?7/hibit C1C@
constitutes Cthe hi%h "oint o$ $a#sit! o$ her testimon!.C The e$ense sou%ht to
substantiate this c#aim b! ar%uin% that $rom her s2etch, it a""ears that she never
crosse "aths with her brother or his "ursuers. The witness testi$ie that she saw
her brother at the "oint which is $our to $ive meters $rom the corner o$ 5.&. )antos
)treet. Oet she a#so testi$ie that she saw the incient $rom 20 meters. The
witness c#aime she hi a$ter hearin% the shot at a "oint which is 1;0 meters $rom
the scene o$ the crime. The e$ense ar%ue that she cou# not have covere the
istance in such a short time, an that this be#ies her c#aim that she was on#! 20
meters $rom the scene o$ the crime. The e$ense "ointe out that 3rrio#aAs s2etch
?7/hibit C2C@ shows that the schoo# is 149 meters $rom the scene o$ the crime, an
the "oint where the witness c#aime she viewe the crime is 1;0 meters $rom the
scene o$ the crime thus %ivin% the #ie to her c#aim that she was 20 meters awa!.
The a##e%e inconsistencies in &ora<onAs testimon! D which the e$ense ma2es
much o$ D are not irreconci#ab#e with the "h!sica# $acts, 3t the outset, it shou#
not be over#oo2e that &ora<on was testi$!in% as an e!ewitness to the traumatic
incient b! which her brother met a vio#ent eath at the hans o$ a mob. Natura##!,
&ora<on can not be e/"ecte to e#iver a testimon! which "asses microsco"ic
scrutin! an scru"u#ous armchair ana#!sis o$ the $acts, conucte uner
circumstances $ar remove $rom the turbu#ence an emotiona# co#or o$ the event
as it actua##! trans"ire. &l contrario$ i$ &ora<onAs testimon! were meticu#ous#!
accurate with res"ect to istance covere an the time ta2en to ne%otiate it, an
im"artia# observer wou# woner whether such e/actitue were not the "rouct o$
"revious rehearsa#, i$ not o$ $abrication. (n times o$ stress, the human min is
$re>uent#! over"owere b! the ebb an $#ow o$ emotions in turmoi#8 an it is on#!
.uicious to ta2e into consieration the natura# mani$estations o$ human conuct,
when the "h!sica# senses are subue b! the "s!cho#o%ica# state o$ the
iniviua#.
&ora<on was a resient o$ 5asa! &it! $or on#! about $ive months. )he testi$ie
that she is not $ami#iar with the streets a#on% -. e #a &ru< )treet. -oreover,
&ora<on i not cate%orica##! testi$! that she covere the istance o$ 149 meters
in $ive secons. -o#e accurate#!, she testi$ie that she wa#2e $or a "erio o$ $rom
$ive to ten secons, more or #ess. 5ut in this wa!, the "erio was su$$icient to
a##ow her to ne%otiate the istance. -oreover, &ora<on i not sta! roote to one
s"ot whi#e the incient was ta2in% "#ace, but surre"titious#! e%e her wa! u" to
-a%tiba! )treet, which is c#oser to the "#ace o$ the 2i##in%.
The e$ense a#so c#aims that the e#a! which &ora<on a##owe to trans"ire, be$ore
re"ortin% the crime to the authorities an %ivin% her sworn statement ?on
November 4, 19:8@, is inicative o$ $abrication. The 2i##in% too2 "#ace be$ore awn
o$ 6ctober 19, 19:8, (n the a$ternoon o$ the same a!, &ora<on an her $ami#!
went to the 5o#ice De"artment to in>uire about the remains o$ her brother.
&ora<on a#rea! 2new that the "o#ice were ta2in% ste"s to roun u" the 2i##ers.
)he incurre no $au#t in waitin% unti# the cu#"rits were arreste be$ore con$rontin%
them an %ivin% her statement. (t wou# have been the better "art o$ #e%a#
"roceure i$ she ha %iven her statement ear#ier8 but since she was on#! a 22-
!ear o# house2ee"er at that tune, she can not be he# to a hi%her stanar o$
iscretion.
The e$ense $urther contens that the $ai#ure to "resent &ora<onAs husban in
court inicates that &ora<on was not actua##! at the scene o$ the crime at 4B00
oAc#oc2 in the mornin%. (t the e$ense $e#t that the husban ha a contribution to
ma2e in the cause o$ truth, there was nothin% which "revente them $rom
com"e##in% his "rocess b! summons. This the! $ai#e to o8 an their omission
shou# not be ta2en to re$#ect averse#! on the "rosecution, who evient#!
be#ieve that the husbanAs testimon! was unnecessar!,
'ina##!, the e$ense c#aims that it was unnatura# $or &ora<on, a$ter viewin% her
brotherAs bo!, to "rocee to her sisterAs house one 2i#ometer awa!, instea o$
returnin% to her own house, which was .ust a b#oc2 or so awa!. (t is not unnatura#
$or a witness to a %ruesome event, to choose to con$er with a "erson boun to her
b! ties o$ consan%uinit!, even i$ such a con$erence necessitates that she traverse
a #on%er istance. The e/ercise o$ .u%ment, on the s"ot, shou# not be %au%e
b! reason a""#ie in hinsi%ht with a metrica# !ar stic2.
The ne/t ma.or buren which the e$ense unertoo2 to assume was to conten
that the accuse Re!na#o 3rviso is innocent because there is no evience as to
his "artici"ation in the e/ecution o$ the crime. (t is c#aime that there is abso#ute
absence o$ evience to show that Re!na#o was a irect "artici"ant an that the
on#! evience a%ainst him is that he was seen "ursuin% the victim. +owever, the
$inin% o$ Re!na#oAs %ui#t stems, not $rom his irect "artici"ation in the crimina#
e/ecution, but $rom his "artici"ation in the cons"irac! to 2i## the ecease. +is
"artici"ation in the cons"irac! is su""orte b! &ora<onAs testimon! that he an
3ntonio were the #eaers o$ the "ac2 $o##owin% c#ose#! at the hee#s o$ the victim.
(t is we## estab#ishe that cons"irac! ma! be in$erre $rom the acts o$ the accuse
themse#ves, when such acts "oint to a .oint "ur"ose an esi%n. 3 concerte
assau#t u"on the victim b! the e$enants ma! inicate cons"irac!. ?55 v. -onro!
W (ica, L-111;;, 6ct. 40, 1998, 104 5hi#. ;99@. &ons"irac! e/ists i$, at the time o$
the commission o$ the o$$ense, the e$enants ha the same crimina# "ur"ose
an were unite in its e/ecution. ?55 v. Datu Dima ,inahasin%, L-484;, 3"ri# 28,
199:, 98 5hi#. 902@. Those who are members o$ the ban o$ ma#e$actors b! which
a murer is committe an are "resent at the time an "#ace o$ the commission o$
the crime, thus contributin% b! their "resence to au%ment the "ower o$ the ban
32
an to ai in the success$u# rea#i<ation o$ the crime, are %ui#t! as "rinci"a#s even i$
the! too2 no "art in the materia# act o$ 2i##in% the ecease. ?E) v. 3be#ine, No.
949, Dec. 10, 1902, 1 5hi#. 9:88 5eo"#e v. &arunun%an, L-14284, )e"t. 40, 19:0,
109 5hi#. 944@. To estab#ish cons"irac!, it is not essentia# that there be "roo$ as to
"revious a%reement to commit a crime. (t is su$$icient that the ma#e$actors have
acte in concert, "ursuant to the same ob.ective. ?55 vs. )an Luis, L-24:9, -a!
29, 1990, 8: 5hi#. 489@.
&ons"irac! nee not be estab#ishe b! irect evience o$ acts char%e, but ma!
an %enera##! must be "roven b! a number o$ ine$inite acts, conitions an
circumstances which var! accorin% to the "ur"ose to be accom"#ishe. ($ it be
"rove that two or more "ersons aime b! their acts towars accom"#ishment o$
the same un#aw$u# ob.ect, each oin% a "art. so that their acts, thou%h a""arent#!
ine"enent, were in $act connecte an coo"erative, inicatin% a c#oseness o$
"ersona# association an concurrence o$ sentiment, a cons"irac! ma!be in$erre
thou%h no actua# meetin% amon% them to concert is "roven ?55 v. &o#man L-
::92-94, 'eb. 28, 1998, 104 5hi#. :@. 3 cons"irac! ma! be entere into a$ter the
commencement o$ overt acts #eain% to the consummation o$ the crime. ?55 v.
,arreo, L-2;28, Dec. 29, 1990, 8; 5hi#. 800@. &ons"irac! im"#ies concert o$
esi%n an not "artici"ation in ever! etai# o$ e/ecution ?55 v. &arbone#, L-241;;,
-arch 19, 192:, 48 5hi#. 8:88 55 v. Danan, L-1;::, -arch 41, 1949, 84 5hi#.
292@.
0hen a %rou" o$ seven men, more or #ess, %ive chase to a sin%#e unarme
iniviua# runnin% $or his #i$e, an the! overta2e him an in$#ict wouns on his
bo! b! means o$ shootin%, stabbin%, an hittin% with "ieces o$ woo, there is
cons"irac! to 2i##8 an it oes not etract $rom their status as cons"irators that
there is no evience o$ "revious a%reement, it bein% su$$icient that their wi##s have
concurre an the! #abore to achieve the same en.
The e$ense submits that the $ai#ure o$ the #ower court to s"eci$! the >ua#i$!in%
circumstance in the crime o$ murer is vio#ative o$ the &onstitution an the Ru#es
o$ &ourt. 0e $in no such in$irmit!. )ince the "rinci"#e concerne is Creai#!
unerstoo $rom the $acts, the conc#usion an the "ena#t! "ose., an e/"ress
s"eci$ication o$ the statute or e/"osition o$ the #aw is not necessar!.C ?5eo"#e vs.
)i#o, L-;91:, -a! 29, 199:, 99 5hi#. 21:@. (n the absence o$ a s"eci$ication b! the
tria# court, the e$ense surmise that the >ua#i$!in% circumstance in this case is
evient "remeitationB but the e$ense ar%ue that evient "remeitation was not
shown. 0e a%ree. Ener norma# conitions, cons"irac! %enera##! "resu""oses
"remeitation. ,ut in the case o$ im"#ie cons"irac!, evient "remeitation ma!
not be a""reciate, in the absence o$ "roo$ as to how an when the "#an to 2i## the
victim was hatche or what time e#a"se be$ore it was carrie out, so that it can
not be etermine i$ the accuse ha Csu$$icient time between its ince"tion an its
$u#$i##ment is"assionate#! to consier an acce"t the conse>uences.C There
shou# be a showin% that the accuse ha the o""ortunit! $or re$#ection an
"ersiste in e/ecutin% his crimina# esi%n. ?55 v. &ustoia, L-;442, 6ctober
24,1999, 9; 5hi#. :988 55 v. -eno<a an )inu-a%, L-414: an L-414;, -arch
28, 1992, 91 5hi#. 988 55 v. Oturia%a, L-281:, -a! 41, 1990, 8: 5hi#. 9448 55 v.
Lo<aa, No. 4:998, Nov. 1:, 1940, ;0 5hi#. 9298 55 v. E"ao -oro, L-:;;1, -a!
28, 199;, 5hi#. 101 5hi#. 122:8 55 v. )a2am, No. 419::, Dec. ;, 1944, :1 5hi#.
2;B 55 v. 5era#ta, L-190:9, 6ct. 29, 19:8, 29 )&R3 ;998 55 v. 5are.a, L-2194;,
Nov. 29, 19:9, 40 )&R3 :94@.
7ven in the absence o$ evient "remeitation, the crime o$ murer in this case
mi%ht sti## be >ua#i$ie b! treacher!, which is a##e%e in the in$ormation. ,ut the
e$ense ar%ue that treacher! was not "resent. 0e are so convince. (t is an
e#ementar! a/iom that treacher! can in no wa! be "resume but must be $u##!
"roven. ?E) v. 3si#o, No. 199;, =an. 40, 1909, 4 5hi#, 1;98 E) v. 3rci%a, No.
1129, 3"ri# :, 1904, 2 5hi#. 1108 55 v. Durante, No. 41101, 3u%. 24, 1929, 94 5hi#.
4:48 55 v. 5e#a%o, L-24884, 3u%. 41, 19:8, 24 )&R3 102;@, 0here the manner
o$ the attac2 was not "roven, the e$enant shou# be %iven the bene$it o$ the
oubt, an the crime shou# be consiere homicie on#!. ?&ar"io, 84 5hi#. 9098
3mansec, )o 5hi#, 424@.
(n People vs. 1etran ?L-4209, =u#! 2;, 1991, 89 5hi#. 944@. the a%%ravatin%
circumstances o$ ai o$ arme men, abuse o$ su"eriorit!, an nocturnit!, were
consiere as constitutin% treacher!, which >ua#i$ie the crime as murer, since
there was no irect evience as to the manner o$ the attac2. +owever, in this case
we be#ieve that the correct >ua#i$!in% circumstance is not treacher!, but abuse o$
su"eriorit!. +ere we are con$ronte with a he#"#ess victim 2i##e b! assai#ants
su"erior to him in arms an in numbers. ,ut the attac2 was not suen nor
une/"ecte, an the e#ement o$ sur"rise was #ac2in%. The victim cou# have mae
a e$ense8 hence, the assau#t invo#ve some ris2 to the assai#ants. There bein%
no showin% when the intent to 2i## was $orme, it can not be sai that treacher!
has been "roven. 0e be#ieve the correct ru#e is $oun in 5eople vs. Proceso
*ustos ?No. 1;;:4, =u#! 24, 1924, 49 5hi#. 9@, where alevosia was not a""reciate
because it was eeme inc#ue in abuse o$ su"eriorit!.
0e $in that abuse o$ su"eriorit! attene the o$$ense, $o##owin% a #on% #ine o$
cases which mae this $inin% on "ara##e# $acts 6ur .uris"ruence is e/em"#i$ie
b! the ho#in% that where $our "ersons attac2e an unarme victim but there was
no "roo$ as to how the attac2 commence an treacher! was not "roven, the $act
that there were $our assai#ants wou# constitute abuse o$ su"eriorit!. ?5eo"#e vs.
Lasaa, No. :;42, =an. 2:, 1912, 21 5hi#. 28;8 E) v. ,ana%a#e, No. ;8;0, =an.
10, 1914, 24 5hi#. :9@. +owever, the in$ormation oes not a##e%e the >ua#i$!in%
circumstance o$ abuse o$ su"eriorit!8 hence, this circumstance can on#! be
&reate as %eneric a%%ravatin%. ?5eo"#e v. 3cusar, L-1;98, Dee. 29, 1948, 82
5hi#. 4908 5eo"#e v. ,e.e, L-8249, =u#! 19, 199:, 99 5hi#. 10928 5eo"#e v.
,autista, L-24404, -a! 20, 19:9, 28 )&R3 184@.
The o$$ense too2 "#ace at 4B00 oAc#oc2 in the mornin%. (t ma! there$ore be sai
that it was committe at ni%ht, which covers the "erio $rom sunset to sunrise,
accorin% to the New &ivi# &oe, 3rtic#e 14. (s this basis $or $inin% that nocturnit!
is a%%ravatin%H The Revise 5ena# &oe, 3rtic#e 14, "rovies that it is an
a%%ravatin% circumstance when the crime is committe in the ni%httime, whenever
nocturnit! ma! $aci#itate the commission o$ the o$$ense. There are two tests $or
nocturnit! as an a%%ravatin% circumstanceB the objective test$ uner which
nocturnit! is a%%ravatin% because it $aci#itates the commission o$ the o$$ense8 an
the subjective test$ uner which nocturnit! is a%%ravatin% because it was
"ur"ose#! sou%ht b! the o$$ener. These two tests shou# be a""#ie in the
a#ternative.
(n this case, the sub.ective test is not "asse because there is no showin% that
the accuse "ur"ose#! sou%ht the cover o$ ni%ht time. Ne/t, we "rocee an
a""#! the ob.ective test, to etermine whether nocturnit! $aci#itate the 2i##in% o$
the victim. 3 %rou" o$ men were en%a%e in a rin2in% s"ree, in the course o$
which one o$ them $#e, chase b! seven others. The crimina# assau#t on the
victim at 4B00 a.m. was invite b! nocturna# cover, which hanica""e the view o$
e!ewitnesses an encoura%e im"unit! b! "ersuain% the ma#e$actors that it
wou# be i$$icu#t to etermine their (entit! because o$ the ar2ness an the
re#ative scarcit! o$ "eo"#e in the streets. There circumstances combine to "ass
the ob.ective test, an e $in that nocturnit! is a%%ravatin% because it $aci#itate
the commission o$ the o$$ense. Nocturnit! entice those with the #ust to 2i## to
$o##ow their im"u#ses with the $a#se coura%e born out o$ the be#ie$ that the! cou#
not be reai#! (enti$ie.
The in$ormation a##e%es that the crime o$ murer was attene b! the two
>ua#i$!in% circumstances o$ treacher! an evient "remeitation. Neither o$ these
>ua#i$!in% circumstances was "rove8 hence, the 2i##in% can not be >ua#i$ie into
murer, an constitutes instea the crime o$ homicie, which is "unishe b!
reclusion temporal. (t is not controverte that the accuse vo#untari#! surrenere
to the authorities8 the! are there$ore entit#e to the miti%atin% circumstance o$
vo#untar! surrener. This #one miti%atin% circumstance o$$set b! the two %eneric
a%%ravatin% circumstances o$ abuse o$ su"eriorit! an nocturnit!, "rouces the
resu#t that in the crime o$ homicie, one a%%ravatin% circumstance remains.
0+7R7'6R7, the .u%ment o$ the court a quo is hereb! moi$ie in that the two
accuse, 3ntonio Garcia ! &abarse an Re!na#o 3rviso ! Rebe##e<a, are
sentence to uner%o an ineterminate im"risonment o$ 10 !ears as minimum to
18 !ears as ma/imum, but in a## other res"ects a$$irme.
)6 6RD7R7D.
33
G.R. No. L-19491 Au<u+4 A0, 1960
THE 'EO'LE O. THE 'HILI''INES, "#ainti$$-a""e##ee,
vs.
A'OLONIO A'DUHAN, JR. #l;#+ JUNIOR, ET AL., e$enants,
A'OLONIO A'DUHAN, JR. #l;#+ JUNIOR, e$enant-a""e##ant.
!ASTRO, J.:
This is an automatic review o$ the .u%ment renere on 3u%ust 40, 19:1 b! the
&ourt o$ 'irst (nstance o$ ,oho# ?=u%e +i"o#ito 3#o "resiin%@ convictin% 3"o#onio
3"uhan, =r. o$ robber! with homicie an sentencin% him to eath an Cto
iemni$! the heirs o$ the ecease Geronimo -iano in the amount o$ 5:,000.00,
to inemni$! the heirs o$ the other ecease Norberto 3ton in the same amount o$
5:,000.00 ...C
6n 3u%ust 2, 19:1 the accuse 3"uhan, then re"resente b! 3tt!. Davi
6can%as, to%ether with his co-accuse Rou#$o +uiso an 'e#i"e Puimson, both
re"resente b! 3tt!. Davi Tiro#, "#eae not %ui#t! to a secon amene
in$ormation which recitesB.
The unersi%ne 5rovincia# 'isca# accuses 3"o#onio 3"uhan, =r.,
a#ias =unior, Rou#$o +uiso an 'e#i"e Puimson o$ the crime o$
Robber! with +omicie, committe as $o##owsB
That on or about the 24r a! o$ -a!, 19:1, at about ;B00 oAc#oc2 in
the evenin%, in the -unici"a#it! o$ -abini, 5rovince o$ ,oho#,
5hi#i""ines, the above-name accuse an $ive ?9@ other "ersons
whose true names are not !et 2nown ?the! are "resent#! 2nown on#!
with their a#iases o$ ,ernabe -iano, Ru!, 3n%e#-3n%i, Romeo an
Ton!@ an who are sti## at #ar%e ?the! wi## be char%e in se"arate
in$ormation or in$ormations as soon as the! are arreste an
"re#iminar! "roceein%s in &rim. &ase No. 1;: com"#ete be$ore the
=ustice o$ the 5eace &ourt@, a## o$ them arme with i$$erent un#icense
$irearms, a%%ers, an other ea#! wea"ons, cons"irin%,
con$eeratin% an he#"in% one another, with intent o$ %ain, i then
an there wi##$u##!, un#aw$u##! an $e#onious#! enter, b! means o$
vio#ence, the we##in% house o$ the s"ouses +onorato -iano an
3ntonia -iano, which was a#so the we##in% house o$ their chi#ren, the
s"ouses Geronimo -iano an +ermini%i#a e -iano8 an, once insie
the sai we##in% house, the above-name accuse with their $ive ?9@
other com"anions, i attac2, hac2 an shoot Geronimo -iano an
another "erson b! the name o$ Norberto 3ton, who ha""ene to be
a#so in the sai we##in% house, thereb! in$#ictin% u"on the sai two ?2@
"ersons "h!sica# in.uries which cause their eath8 an therea$ter the
same accuse an their $ive ?9@ other com"anions, i ta2e an carr!
wa! $rom sai we##in% house cash mone! amountin% to Three
+unre Twent!-two 5esos ?5422.00@, 5hi#i""ine &urrenc!, be#on%in%
to +onorato -iano an Geronimo -iano, to the ama%e an "re.uice
o$ the sai +onorato -iano an the heirs o$ the ecease Geronimo
-iano in the sum o$ Three +unre Twent!-two 5esos ?5422.00@ with
res"ect to the amount robbe, an a#so to the ama%e an "re.uice
o$ the heirs o$ ecease Geronimo -iano an Norberto 3ton b!
reason o$ the eath o$ these two "ersons.
3ct committe contrar! to the "rovisions o$ 3rt. 294, "ar. 1, o$ the
Revise 5ena# &oe with the s"ecia# a%%ravatin% circumstance that
the crime was committe b! a ban with the use o$ un#icense $irearms
?3rt. 29:, Rev. 5ena# &oe@, an other a%%ravatin% circumstances, as
$o##owsB
1. That the crime was committe in the we##in% o$ the o$$ene "arties
without an! "rovocation $rom the #atter8
2. That ni%httime was "ur"ose#! sou%ht to $aci#itate the commission o$
the crime8 an.
4. That avanta%e was ta2en o$ su"erior stren%th, accuse an their
com"anions, who were $u##! arme, bein% numerica##! su"erior to the
o$$ene "arties who were unarme an e$ense#ess.
0hen the case was ca##e $or tria# on 3u%ust 9, 19:1, 3tt!. Tiro# in$orme the
court a >uo that he was a""earin% a#so $or 3"uhan, but on#! as counse# de
oficio. (n view o$ this mani$estation, the tria# court a""ointe 3tt!. Tiro# as counse#
de oficio $or the sai accuse. 'orthwith, 3tt!. Tiro# mani$este that 3"uhan
wou# chan%e his $ormer "#ea o$ not %ui#t! to a "#ea o$ %ui#t!. The recor isc#oses
that a$ter the tria#, .u%e ha re"eate#! a""rise 3"uhan o$ the severit! o$ the
o$$ense $or which he was inicte an the stron% "ossibi#it! that the ca"ita# "ena#t!
mi%ht be im"ose u"on him es"ite a "#ea o$ %ui#t!, 3"uhan "ersiste in his
intention to "#ea %ui#t! with the re>uest, however, that the eath "ena#t! be not
im"ose. Then a$ter hearin% the ar%uments o$ 5rovincia# 'isca# =esus N.
,orromeo an 3tt!. Tiro# on the e$$ect o$ artic#es 299 an 29: o$ the Revise
5ena# &oe on the case at bar, the tria# .u%e avise the herein accuse anew
that he cou# be sentence to eath notwithstanin% his "ro.ecte "#ea o$ %ui#t!,
but the #atter reiterate his esire to con$ess his %ui#t on the s"eci$ic conition that
he be sentence to #i$e im"risonment. 7ventua##!, however, 3"uhan esiste
$rom "#eain% %ui#t! an #et his "revious "#ea stan on recor a$ter $urther
warnin%s that he $ace the %rave an%er o$ bein% sentence to eath in view o$
the circumstances o$ his case. ,ut the a$oresai esistance was mere#!
momentar! as it i not en the accuseAs e>uivocation on the matter o$ his "#ea.
3$ter a $ive-minute recess re>ueste b! 3tt!. Tiro# in orer to con$er with the
accuse, the $ormer in$orme the court a >uo that his c#ient wou# insist on
enterin% a "#ea o$ %ui#t!.
)ubse>uent#! the "rosecutin% $isca# an the counse# de oficio resume their ora#
ar%uments re%arin% the e$$ect on the instant case o$ artic#es 299 an 29:,
"articu#ar#! the use o$ un#icense $irearm as a s"ecia# a%%ravatin% circumstance
uner the #atter artic#e. 3#so iscuss were the e/istence an e$$ect o$ the a##e%e
miti%atin% an a%%ravatin% circumstances. 3## o$ these "oints wi## be #ater
ana#!<e.
0hen the #ower court subse>uent#! reviewe the "roceein%s, it $oun that the
accuseAs "#ea o$ %ui#t! was ambi%uous. +ence, on 3u%ust 40, 19:1, the case
was reo"ene with res"ect to 3"uhan, an on sai ate the #atter entere a
cate%orica# "#ea o$ %ui#t!, as evience b! the recorB
&6ERT ?To 3ccuse 3"uhan, =r.@B
The &ourt reo"ene this case because a$ter a review o$ the "roceein%s it $oun
that !our "#ea was not e$inite. (n answer to a >uestion o$ the &ourt !ou sim"#!
sai C( wi## .ust enter the "#ea o$ %ui#t!C. The &ourt wants to 2now whether !ou
enter the "#ea o$ %ui#t! o$ the crime char%e in the secon amene in$ormation.
6n the same a!, the court a quo renere its ecision, the "ertinent is"ositive
"ortion o$ which reasB.
5R7-()7) &6N)(D7R7D, the &ourt reners .u%ment $inin%
accuse 3"o#onio 3"uhan, =r., a#ias =unior %ui#t! o$ the com"#e/
crime o$ robber! with homicie, "unishe b! 3rtic#e 294 o$ the Revise
5ena# &oe, in re#ation to 3rtic#e 29: o$ the %ame &oe, as amene,
an sentences him to su$$er the "ena#t! o$ eath.
&onsierin% that 3"uhan ha vo#untari#! con$esse his %ui#t in o"en court, then
the on#! as"ect o$ the case "ro"er#! sub.ect to review is the correctness o$ the
"ena#t! im"ose b! the court a quo. (n this res"ect, the a""reciation o$ the use o$
un#icense $irearm as a s"ecia# a%%ravatin% circumstance ?art. 29:@ in $i/in% the
a""ro"riate "ena#t! $or robber! with homicie ?3rt, 294 M1N@ committe b! a ban
with the use o$ un#icense $irearms, an the inter"#a! an counter-ba#ancin% o$ the
34
attenant miti%atin% an a%%ravatin% circumstances, wou# etermine the severit!
o$ the "ena#t! im"osab#e.
The is"osition o$ the >uestion at han necessitates a iscussion o$ the
interre#ation amon% artic#es 294, 299 an 29: o$ the Revise 5ena# &oe. 'or this
"ur"ose the sai artic#es are hereuner >uoteB
3RT. 294. Robbery #ith violence against or intimidation of persons D
Penalties. D 3n! "erson %ui#t! o$ robber! with the use o$ vio#ence
a%ainst or intimiation o$ an! "erson sha## su$$erB
1. The "ena#t! o$ reclusion perpetua to eath, when b!
reason or on occasion o$ the robber!, the crime o$ homicie
sha## have been committe.
2. The "ena#t! o$ reclusion temporal in its meium "erio to
reclusion perpetua$ when the robber! sha## have been
accom"anie b! ra"e or intentiona# muti#ation, or i$ b!
reason or on occasion o$ such robber!, an! o$ the "h!sica#
in.uries "ena#i<e in subivision 1 o$ artic#e 2:4 sha## have
been in$#icte.
4. The "ena#t! o$ reclusion temporal$ when b! reason or on
occasion o$ the robber!, an! o$ the "h!sica# in.uries
"ena#i<e in subivision 2 o$ the artic#e mentione in the
ne/t "recein% "ara%ra"h, sha## have been in$#icte.
4. The "ena#t! o$ prision mayor in its ma/imum "erio to
reclusion temporal in its meium "erio, i$ the vio#ence or
intimiation em"#o!e in the commission o$ the robber!
sha## have been carrie to a e%ree c#ear#! unnecessar! $or
the commission o$ the crime, or when in the course o$ the
e/ecution, the o$$ener sha## have in$#icte u"on an! "erson
not res"onsib#e $or its commission an! o$ the "h!sica#
in.uries covere b! subivisions 4 an 4 o$ sai artic#e 2:4.
9. The "ena#t! o$ prision correccional in its ma/imum "erio
to prision mayor in its meium "erio in other cases. ?3s
amene b! Re". 3ct 18.@.
3RT 299. Robbery #ith physical injuries$ committed in an uninhabited
place and by a band$ or #ith the use of firearm on a street$ road or
alley. D )f the offenses mentioned in subdivisions three$ four$ and five
of the ne:t preceding article sha## have been committe in an
uninhabite "#ace or b! a ban, or b! attac2in% a movin% train, street
car, motor vehic#e or airshi", or b! enterin% the "assen%ersA
com"artments in a train or, in an! manner, ta2in% the "assen%ers
thereo$ b! sur"rise in the res"ective conve!ances, or on a street, roa
hi%hwa!, or a##e!, an the intimiation is mae with the use o$ a
$irearm, the o$$ener shall be punished by the ma:imum period of the
proper penalties. ?3s amene b! Re". 3cts Nos. 12 an 4;4.@
?7m"hasis su""#ie@ .
3RT. 29:. -efinition of a band and penalty incurred by the members
thereof.D 0hen more than three arme ma#e$actors ta2e "art in the
commission o$ a robber!, it sha## be eeme to have been committe
b! a ban. !hen any of the arms used in the commission of the
offense be an unlicensed firearm the penalty to be imposed upon all
the malefactors shall be the ma:imum of the corresponding penalty
provided by la#$ without "re.uice to the crimina# #iabi#it! $or i##e%a#
"ossession o$ such un#icense $irearm.
3n! member o$ a ban who is "resent at the commission o$ a robber!
b! the ban, sha## be "unishe as "rinci"a# o$ an! o$ the assau#ts
committe b! the ban, un#ess it be shown that he attem"te to
"revent the same. ?3s amene b! Re". 3ct No. 12@. ?7m"hasis
su""#ie@.
The a$ore->uote art. ;<5 enumerates $ive c#asses o$ robber! with
vio#ence a%ainst or intimiation o$ "ersons an "rescribes the
corres"onin% "ena#ties. The case at bar $a##s uner art. 294?1@ which
e$ines robber! with homicie an $i/es the "ena#t! $rom reclusion
perpetua to eath.
&rticle ;<6 "rovies, inter alia, that when the o$$enses escribe in subivisions 4,
4 an 9 o$ art. 294 are committe b! a ban, the "ro"er "ena#ties must be
im"ose in the ma/imum "erios. The circumstance o$ ban is there$ore
>ua#i$!in% on#! in robber! "unishe b! subivisions 4, 4, an 9 o$ art. 294.
&onse>uent#!, art. 299 is ina""#icab#e to robber! with homicie, ra"e, intentiona#
muti#ation, an lesiones graves resu#tin% in insanit!, imbeci#it!, im"otenc! or
b#inness. ($ the $ore%oin% c#asses o$ robber! which are escribe in art. 294?1@
an ?2@ are "er"etrate b! a ban, the! wou# not be "unishab#e uner art. 299,
but then cuadrilla wou# be a %eneric a%%ravatin% uner 3rt. 14 o$ the &oe.
1
+ence, with the "resent worin% o$ art. 299
2
there is no crime as Crobber! with
homicie in ban.C ($ robber! with homicie is committe b! a ban, the inictab#e
o$$ense wou# sti## be enominate as Crobber! with homicieC uner art. 294?1@,
but the e#ement o$ ban, as state above, wou# be a""reciate as an orinar!
a%%ravatin% circumstance.
&rticle ;</$ as >uote above, e$ines CbanC, creates the s"ecia# a%%ravatin%
circumstance o$ use o$ un#icense $irearm, an "rovies the crimina# #iabi#it!
incurre b! the members o$ the ban. The ascertainment o$ the e$inite $unction
an ran%e o$ a""#icabi#it! o$ this artic#e in re#ation to artic#es 294 an 299 is
essentia# in the is"osition o$ the case at bar.
(n im"osin% the eath "ena#t!, the tria# court a""ears to have accore va#iit! to
the 5rovincia# 'isca#As contention that in robber! with homicie committe b! a
ban, the use o$ un#icense $irearm must be a""reciate as a s"ecia# a%%ravatin%
circumstance "ursuant to art. 29:. Thus convince, the tria# .u%e stresse in his
ecision that Cuner the e/"ress manate o$ the #aw, we cannot esca"e the
aruous tas2 o$ im"osin% the eath "ena#t!.C )ubscribin% to the sai "osition, the
)o#icitor Genera# as that the C"ena#t! $or robber! uner the circumstances
mentione in 3rtic#es 294, "ara%ra"h 1, an 29: o$ the &oe is the ma/imum o$
rec#usion "er"etua to eath, or the su"reme "ena#t! o$ eath. This is
manator!.C .
6n the other han, 3tt!. 3#berto -. -eer, the accuseAs counse# e o$icio in the
"resent review, contens that the use o$ un#icense $irearm, i$ ever a""reciate in
the case at bar, must be consiere a %eneric a%%ravatin% $actor which Cma! be
o$$-set b! the e/istence o$ miti%atin% circumstances so that the "ena#t! to be
im"ose shou# be the "ena#t! o$ rec#usion "er"etua.C .
,oth the $ore%oin% contentions are untenab#e.
3$ter a "erce"tive ana#!sis o$ the "rovisions o$ art. 29:, we reach the consiere
o"inion that the sai artic#e is e/c#usive#! #in2e an sin%u#ar#! a""#icab#e to the
immeiate#! anteceent "rovision o$ art. 299 on robber! in ban, as the #atter
artic#e, in turn, is e/"#icit#! #imite in sco"e to subivisions 4, 4, an 9 o$ art. 294.
&onse>uent#!, a#thou%h the use o$ un#icense $irearm is a s"ecia# a%%ravatin%
circumstance uner art. 29:, as amene b! Re". 3ct 12, 4 it cannot be
a""reciate as such in re#ation to robber! with homicie, escribe an "ena#i<e
uner "ara%ra"h 1 o$ art. 294.
3s "revious#! state, art. 299 "rovies that i$ an! o$ the c#asses o$ robber!
escribe in subivisions 4, 4, an 9 o$ art. 294 is committe b! a ban, the
o$$ener sha## be "unishe b! the ma/imum "erio o$ the "ro"er "ena#t!.
&orres"onin%#!, the immeiate#! $o##owin% "rovisions o$ art. 29: e$ine the term
CbanC, "rescribe the co##ective #iabi#it! o$ the members o$ the ban, an state that
Cwhen an! o$ the arms use in the commission o$ the o$$ense be in un#icense
$irearm, the "ena#t! to be im"ose u"on a## the ma#e$actors sha## be the ma/imum
o$ the corres"onin% "ena#t! "rovie b! #aw.C *iewe $rom the conte/tua#
35
re#ation o$ artic#es 299 an 29:, the wor Co$$enseC mentione in the above-
>uote "ortion o$ the #atter artic#e #o%ica##! means the crime o$ robber! committe
b! a ban, as the "hrase Ca## the ma#e$actorsC inubitab#! re$ers to the members
o$ the ban an the "hrase Cthe corres"onin% "ena#t! "rovie b! #awC re#ates to
the o$$enses o$ robber! escribe in the #ast three subivisions o$ art. 294 which
are a## encom"asse within the ambit o$ art. 299. 7vient#!, there$ore, art. 29: in
its entiret! is esi%ne to am"#i$! an moi$! the "rovision on robber! in ban
which is nowhere to be $oun but in art. 299 in re#ation to subivisions 4, 4, an 9
o$ art. 294. *eri#!, in orer that the a$oresai s"ecia# a%%ravatin% circumstance o$
use o$ un#icense $irearm ma! be a""reciate to .usti$! the im"osition o$ the
ma/imum "erio o$ the "ro"er "ena#t! it is a conition sine >ua non that the
o$$ense char%e be robber! committe b! a ban within the contem"#ation o$ art.
299. To reiterate, since art. 299, oes not a""#! to subivision 1 an 2 o$ art. 294,
then the s"ecia# a%%ravatin% $actor in >uestion, which is so#e#! a""#icab#e to
robber! in ban uner art. 299, cannot be consiere in $i/in% the "ena#t!
im"osab#e $or robber! with homicie uner art. 294?1@, even i$ the sai crime was
committe b! a ban with the use o$ un#icense $irearms.
The #e%is#ative intent o$ ma2in% art. 29: coro##ar! to art. 299 with res"ect to
robber! in ban was unmista2ab#! articu#ate b! &on%ressman 3#bano in his
s"onsorshi" s"eech on +. ,. No. 124 ?subse>uent#! enacte as Re". 3ct No. 12,
amenin%, amon% others, artic#es 299 an 29: o$ the Revise 5ena# &oe@. )ai
&on%ressman 3#banoB C3rtic#e 29: as a coro##ar! o$ 3rtic#e 299 wou# chan%e the
e$inition hereto$ore 2nown o$ the term CbanC uner the #aw. The "ur"ose o$ this
amenment is to in.ect therein the e#ement o$ a%%ravation, when an! member o$
the ban carries an un#icense $irearm . .C 4.
The s"ecia# a%%ravatin% circumstance o$ use o$ un#icense $irearm, however, was
initia##! a""#icab#e to a## the subivisions o$ art. 294 since the sai Re". 3ct No. 12
a#so amene art. 299 to inc#ue within its sco"e a## the c#asses o$ robber!
escribe in art. 294. 0ith the then en#ar%e covera%e o$ art. 299, art. 29:, bein%
coro##ar! to the $ormer, was "er$orce mae a""#icab#e to robber! with homicie
?art. 294M1N@. Thus, in 5eo"#e vs. ,ersamin, 9 this &ourt, in "assin%, o"ineB CThe
use o$ un#icense $irearm is a s"ecia# a%%ravatin% circumstancea""#icab#e on#! in
cases o$ robber! in ban ?3rt. 29:, Revise 5ena# &oe, as amene b! )ection
4, Re"ub#ic 3ct No. 12@.C .
(n the sai case, this &ourt ec#are in e$$ect that in robo con homiciio the use o$
un#icense $irearm is not a s"ecia# a%%ravatin% circumstance when the sai
o$$ense is not committe b! a ban. (n$erentia##!, ha the robber! with homicie in
,ersamin been "er"etrate b! a ban, the use o$ un#icense $irearm wou# have
been a""reciate. This im"#ie "ronouncement wou# have been .usti$ie uner
art. 29: in re#ation to art. 299, as amene b! Re". 3ct 12. ,ut the a$oresai
in$erence #ost a## #e%a# moorin%s in 1949 with the enactment o$ Re". 3ct 4;4 which
e/c#ue subivisions 1 an 2 o$ art. 294 $rom the covera%e o$ art. 299. )ince art.
29:, as re"eate#! em"hasi<e above, is coro##ar! to art. 299, the iminution o$
the #atterAs sco"e corres"onin%#! reuce the $ormerAs e/tent o$ a""#icabi#it!. (n
other wors, the "assa%e o$ the $ore%oin% amenment i not on#! .ettison the
$irst two subivisions o$ art. 294 $rom the "eri"her! o$ art. 299 but a#so remove
the sai subivisions ?which "ertain, inter a#ia, to the o$$ense o$ robber! with
homicie@ $rom the e$$ective ran%e o$ art. 29:.
Notwithstanin% that the s"ecia# a%%ravatin% circumstance o$ use o$ un#icense
$irearm cannot be a""reciate in the instant case, we are constraine, in the $ina#
ana#!sis, to observe that the im"osition o$ the eath "ena#t! on the accuse
3"uhan wou# a""ear to be a #o%ica# #e%a# conse>uence, because as a%ainst the
attenant miti%atin% circumstances the a%%ravatin% circumstances numerica##!
an >ua#itative#! "re"onerate.
3$ter 3"uhan ha "#eae %ui#t!, the e$ense counse# o$$ere $or consieration
three miti%atin% circumstances, name#!, "#ea o$ %ui#t!, into/ication, an #ac2 o$
intent to commit so %rave a wron%. )ubse>uent#!, however, the e$ense withrew
the #ast mentione miti%atin% circumstance a$ter the "rosecution ha withrawn
the a%%ravatin% circumstance o$ abuse o$ su"erior stren%th. The $o##owin%
mani$estations a""ear on recorB .
'rom the above "roceein%s in the tria# court, it wou# a""ear that what the
"rosecution actua##! intene to amit was the non-habitua#it! o$ the accuse to
rin2in% #i>uor, not as a matter o$ $act, but ue to the )tateAs inabi#it! to is"rove
the same. The "rosecution a""arent#! i not concee the actua# into/ication o$
the accuse. 0e are o$ the $irm conviction that, uner the environmenta#
circumstances, the e$ense was not re#ieve o$ its buren to "rove the accuseAs
actua# state o$ into/ication. 6therwise, to a""reciate the attenance o$ a miti%atin%
$actor on the mere a##e%ation o$ the accuse, cou"#e with the ubious
ac>uiescence o$ the "rosecution, wou# o"en wie the avenue $or unscru"u#ous
an eceit$u# co##usion between e$ense an "rosecution in orer to unu#! an
un.ust#! minimi<e the "ena#t! im"osab#e u"on the accuse.
The #ast "ara%ra"h o$ art. 19 o$ the &oe "roviesB.
CThe into/ication o$ the o$$ener sha## be ta2en into consieration as a miti%atin%
circumstance when the o$$ener has committe a $e#on! in a state o$ into/ication,
i$ the same is not habitua# or subse>uent to the "#an to commit sai $e#on! but
when the into/ication is habitua# or intentiona# it sha## be consiere as an
a%%ravatin% circumstance. ?7m"hasis su""#ie@.
Ener the $ore%oin% "rovision, into/ication is miti%atin% when it is not habitua# or
intentiona#, that is, not subse>uent to the "#an to commit the crime. +owever, to
be miti%atin% the accuseAs state o$ into/ication must be "rove. : 6nce
into/ication is estab#ishe b! satis$actor! evience, ; then in the absence o$ "roo$
to the contrar!C it is "resume to be non-habitua# or unintentiona#. 8 .
(n 5eo"#e vs. Nob#e 9 the e$enant testi$ie that be$ore the murer he too2 a
bott#e o$ wine an ran2 #itt#e b! #itt#e unti# he %ot run2. The "o#iceman who
arreste the accuse testi$ie that the #atter sme##e wine an vomite. The &ourt
he# that the evience "resente was not satis$actor! to warrant a miti%ation o$
the "ena#t!. (nto/ication was #i2ewise not com"etent#! "rove in a case 10 where
the on#! evience was that the e$enant ha a %a##on o$ tuba with him at the time
he committe the crime.
(n the case at bar the accuse mere#! a##e%e that when he committe the o$$ense
char%e he was into/icate a#thou%h he was Cnot use to be run2,C 11This se#$-
servin% statement stans uncorroborate. 6bvious#!, it is evoi o$ an! "robative
va#ue.
To reca"itu#ate, the accuse has in his $avor on#! one miti%atin% circumstanceB
"#ea o$ %ui#t!. 3s a$orementione, the e$ense withrew its c#aim o$ C#ac2 o$ intent
to commit so %rave a wron%C an $ai#e to substantiate its contention that
into/ication shou# be consiere miti%atin%.
0hi#e an un>ua#i$ie "#ea o$ %ui#t! is miti%atin%, it at the same time constitutes an
amission o$ a## the materia# $acts a##e%e in the in$ormation, inc#uin% the
a%%ravatin% circumstances therein recite. 12 The $our a%%ravatin%
circumstances are ?1@ ban8 ?2@ we##in%8 ?4@ ni%httime8 an ?4@ abuse o$ su"erior
stren%th. The circumstance o$ abuse o$ su"eriorit! was, however, withrawn b!
the "rosecution on the %roun that since the o$$ense o$ robber! with homicie was
committe b! a ban, the e#ement o$ cuari##a necessari#! absorbs the
circumstance o$ abuse o$ su"erior stren%th. 0e be#ieve that sai withrawa# was
i##-avise since the circumstances o$ ban an abuse o$ su"eriorit! are se"arate
an istinct #e%a# conce"ts. The e#ement o$ ban is a""reciate when the o$$ense
is committe b! more than three arme ma#e$actors re%ar#ess o$ the com"arative
stren%th o$ the victim or victims. +ence, the inis"ensab#e com"onents o$
cuari##a are ?1@ at #east $our ma#e$actors an ?2@ a## o$ the $our ma#e$actors are
arme. 6n the other han, the %ravamen o$ abuse o$ su"eriorit! is the ta2in%
avanta%e b! the cu#"rits o$ their co##ective stren%th to over"ower their re#ative#!
wea2er victim or victims. +ence, in the #atter a%%ravatin% $actor, what is ta2en into
account is not the number o$ a%%ressors nor the $act that the! are arme, but their
re#ative "h!sica# mi%ht vis-a-vis the o$$ene "art!.
Grantin%, however, that the sai withrawa# was va#i, there sti## remain three
a%%ravatin% circumstances which rener inuti#e the so#itar! e/tenuatin%
circumstance o$ "#ea o$ %ui#t!. The "rosecution oes not nee to "rove the sai
36
three circumstances ?a## a##e%e in the secon amene in$ormation@ since the
accuse b! his "#ea o$ %ui#t!, has su""#ie the re>uisite "roo$. 14 +ence, we wi##
not be#abor our iscussion o$ the attenance a%%ravatin% circumstances.
The sett#e ru#e is that we##in% is a%%ravatin% in robber! with vio#ence or
intimiation o$ "ersons, 14 #i2e the o$$ense at bar. The rationa#e behin this
"ronouncement is that this c#ass o$ robber! cou# be committe without the
necessit! o$ trans%ressin% the sanctit! o$ the home. -oraa is inherent on#! in
crimes which cou# be committe in no other "#ace than in the house o$ another,
such as tres"ass an robber! in an inhabite house. 19 This &ourt in 5eo"#e vs.
5inca, 1: citin% 5eo"#e vs. *a#e<, 1; ru#e that the Ccircumstances ?o$ we##in%
an sca#in%@ were certain#! not inherent in the crime committe, because, the
crime bein% robber! with vio#ence or intimiation a%ainst "ersons ?s"eci$ica##!,
robber! with homicie@ the authors thereo$ cou# have committe it without the
necessit! o$ vio#atin% or sca#in% the omici#e o$ their victim.C &ue##o &a#on o"ines
that the commission o$ the crime in anotherAs we##in% shows %reater "erversit! in
the accuse an "rouces %reater a#arm. 18.
Nocturnit! is a%%ravatin% when it is "ur"ose#! an e#iberate#! sou%ht b! the
accuse to $aci#itate the commission o$ the crime 19 or to "revent their bein%
reco%ni<e or to insure unmo#este esca"e. 20 Nocturnia must concur with the
intent an esi%n o$ the o$$ener to ca"ita#i<e on the intrinsic im"unit! a$$ore b!
the ar2ness o$ ni%ht. 21 (n the case at bar, the a$$iavit ?e/h. (-1@ o$ the accuse
3"uhan shows that he an his co-ma#e$actors too2 avanta%e o$ the ni%httime in
the "er"etration o$ the o$$ense as the! waite unti# it was ar2 be$ore the! came
out o$ their hiin% "#ace to consummate their crimina# esi%ns.
(n his ecision, the tria# .u%e recommens to, the 5resient o$ the Re"ub#ic the
commutation o$ the eath sentence which he im"ose on the accuse to #i$e
im"risonment. The )o#icitor Genera# su""orts this recommenation $or e/ecutive
c#emenc!.
0e $in no com"e##in% reason to .usti$! such recommenation. &ontrar! to the tria#
.u%eAs observation, the accuseAs "#ea o$ %ui#t! was $ar $rom Cs"ontaneousC an
CinsistentC. (t wi## be reca##e that his initia# "#ea was one o$ not %ui#t!. Later, he
chan%e his "#ea but with the "ersistent conition that he be sentence to #i$e
im"risonment, not eath. (t was on#! a$ter much e>uivocation that he $ina##!
ecie to C.ustC "#ea %ui#t!. ,ecause his "#ea was sti## ambi%uous, the court a
>uo ha to reo"en the case to ascertain its rea# nature. &oncein%, however, that
his "#ea was Cs"ontaneousC an Cinsistent,C such mani$estation o$ sincere
re"entance cannot serve to ob#iterate the attenant a%%ravatin% circumstances
which "atent#! revea# the accuseAs crimina# "erversit!.
(t a""ears $rom a cursor! reain% o$ the ecision uner review that the tria# .u%e
a#so anchore his recommenation on the %roun that there is Cthe "ossibi#it! that
the $irearm was use in orer to counteract the resistance o$ the ecease.C This
is no .usti$ication at a## $or e/ecutive c#emenc!. 'irst#!, the above observation is a
mere con.ecture - in the #an%ua%e o$ the "resiin% .u%e, a C"ossibi#it!.C )econ#!,
even %rantin% that the sai observation re#ates to the actua# ha""enin%, to em"#o!
a $irearm in subuin% the #aw$u# resistance o$ innocent "ersons is a crimina# act b!
an! stanar.
7ven as we "ur%e the ecision uner review o$ its errors, we must hasten to
commen the tria# .u%e, the +on. +i"o#ito 3#o, $or his earnest an "atient e$$orts
to $oresta## the entr! o$ an im"rovient "#ea o$ %ui#t! b! the accuse 3"uhan,
notwithstanin% that the #atter was a#rea! re"resente b! a counse# e o$icio an
hence "resume to have been avise "ro"er#!. =u%e 3#o mae sure that the
accuse c#ear#! an $u##! unerstoo the seriousness o$ the o$$ense char%e an
the severit! o$ the "ena#t! attache to it. 0hen the accuse "ro"ose to con$ess
his %ui#t, =u%e 3#o re"eate#! warne him that the eath "ena#t! mi%ht be
im"ose es"ite his "#ea o$ %ui#t!. 3s a$orementione, when it a""eare that
3"uhanAs "#ea o$ %ui#t! was ambi%uous, =u%e 3#o reo"ene the case to
etermine with e$initiveness the nature o$ his "#ea.
The virtue o$ =u%e 3#oAs e$$orts in ascertainin% whether 3"uhan "#eae %ui#t!
with $u## 2now#e%e o$ the si%ni$icance an conse>uences o$ his act, recommens
itse#$ to a## tria# .u%es who must re$rain $rom acce"tin% with a#acrit! an accuseAs
"#ea o$ %ui#t!, $or whi#e .ustice emans a s"ee! aministration, .u%es are ut!
boun to be e/tra so#icitous in seein% to it that when an accuse "#eas %ui#t! he
unerstans $u##! the meanin% o$ his "#ea an the im"ort o$ an inevitab#e
conviction.
3s a $ina# commentar! on the crimina# conuct o$ the accuse herein, it must be
em"hasi<e that the instant review was e#a!e $or severa# !ears because he
esca"e $rom the New ,i#ibi 5risons on =une 1;, 19:4, #ess than si/ months
a$ter he was committe to the sai "enitentiar!. +e was recommitte on =u#! 10,
19:4 with a new mittimus $rom the &ourt o$ 'irst (nstance o$ Le!te $or robber! in
ban in crimina# case 10099, $or which he was sentence to serve a "rison term
o$ $rom 8 !ears an 1 a! to 12 !ears an 1 a! commencin% on 6ctober 41,
19:4. 22 +is recommitment was re"orte to this &ourt on#! on =u#! 9, 19::.
Notwithstanin% the $ore%oin% is>uisition, $or $ai#ure to secure the re>uire
number o$ votes, the "ena#t! o$ eath cannot be #e%a##! im"ose. The "ena#t! ne/t
#ower in e%ree - rec#usion "er"etua - shou# conse>uent#! be im"ose on the
accuse.
3&&6RD(NGLO, with the moi$ication that the eath sentence im"ose u"on
3"o#onio 3"uhan, =r. b! the court a >uo is reuce to rec#usion "er"etua, the
.u%ment a >uo is a$$irme in a## other res"ects, without "ronouncement as to
costs
5hi#i""ineLaw.in$o
5hi#i""ine #e%a# materia#s atabase
+ome
'orum
'3P
)ite -a"
Terms
5rivac!
Re>uests
&ontact Es
G.R. No. L-14466, U.S. *. &#luyo4
Re"ub#ic o$ the 5hi#i""ines
SU'RE"E !OURT
-ani#a
7N ,3N&
D7&()(6N
November :, 1919
G.R. No. L-144;:
THE UNITED STATES, "#ainti$$-a""e##ee,
vs.
JOSE I. &ALUYOT, e$enant-a""e##ant.
2ilemon %otto for appellant.
&ttorney,General Paredes for appellee.
37
STREET, J.:
This cause has been brou%ht to the )u"reme &ourt u"on an a""ea# "rosecute
b! =ose (. ,a#u!ot $rom a .u%ment o$ the &ourt o$ 'irst (nstance o$ the 5rovince
o$ ,ataan, convictin% him o$ the crime o$ murer, committe 3u%ust 4, 1918, u"on
the "erson o$ &onrao Lerma, %overnor o$ sai "rovince, an sentencin% him to
uner%o the "ena#t! o$ eath, to inemni$! the heirs o$ the ecease in the sum o$
51,000, an to "a! the costs.
3t the %enera# e#ection which was he# on =une :, 191:, &onrao Lerma was
e#ecte %overnor o$ the 5rovince o$ ,ataan. 6ne o$ his com"etitors u"on this
occasion was the accuse, =ose (. ,a#u!ot, who came out thir in the race. 3s a
resu#t o$ this contest a $ee#in% o$ "ersona# rancor was eve#o"e in the min o$
,a#u!ot a%ainst his success$u# com"etitor, an urin% the two !ears which
$o##owe the accuse became $u##! imbue with the iea that Governor Lerma was
"ersecutin% him.
(n the !ear 1918 ,a#u!ot was "rosecute in the &ourt o$ 'irst (nstance o$ the cit!
o$ -ani#a $or the o$$ense o$ estafa in connection with a #oan o$ mone! which ha
been ne%otiate at the 5hi#i""ine Nationa# ,an2. This "roceein% ha been trie
an in the ear#! a!s o$ 3u%ust, 1918, was "enin% ecision b! the .u%e who
trie the case.
E"on the or%ani<ation o$ the Nationa# Guar, ,a#u!ot ha been commissione as
ca"tain in that bo!, an owin% "ossib#! to the "enenc! o$ the accusation $or
estafa an its ama%in% e$$ects u"on his re"utation, he ha been as2e to resi%n
$rom the "osition o$ ca"tain in the Nationa# Guar8 an a#thou%h he ha not
resi%ne when the act which %ave occasion to this "rosecution occurre, he ha
a""arent#! been tem"orari#! re#ieve $rom ut! with that or%ani<ation "enin%
investi%ation.
The mis$ortunes above mentione, as we## as others o$ a minor character, were
attribute b! ,a#u!ot to the machinations o$ Governor Lerma, a## o$ which serve
to $oment an increase his $ee#in% o$ enmit! towars the #atter.
6n 3u%ust 2, 1918, the e$enant #e$t the cit! o$ -ani#a an went to the town o$
6rion, in the 5rovince o$ ,ataan, ta2in% with him a revo#ver. 7ar#! on the $o##owin%
a!, 3u%ust 4, he shi""e to -ani#a $rom 6rion a "iano be#on%in% to his wi$e, an
at 8 a.m., went to ,a#an%a, the ca"ita# o$ the 5rovince, arrivin% at the recorer1s
o$$ice in the "rovincia# bui#in% at about 9 o1c#oc2 a.m., where he in>uire $or
Governor Lerma.
+e was to# that the %overnor ha not arrive, but was e/"ecte #ater. The
accuse accorin%#! etermine to wait in the recorer1s o$$ice, which serve as a
sort o$ anteroom to the o$$ice o$ the %overnor. 3t about 11 o1c#oc2 a. m. the
%overnor arrive. +e an the accuse %reete each other in a $rien#! manner b!
sha2in% hans8 an the %overnor, u"on bein% in$orme that ,a#u!ot ha ca##e to
con$er with him, invite ,a#u!ot into his o$$ice. ,a#u!ot hesitate, havin% note the
"resence o$ another ca##er, an as2e i$ the #atter i not have a "rior ri%ht to an
interview. The %overnor sai that ,a#u!ot shou# enter $irst, which the #atter
accorin%#! i. The %overnor an the accuse remaine a#one in the $ormer1s
o$$ice $or 4 or 4 minutes, whereu"on it occurre to Governor Lerma that the
interview mi%ht be more e/tene than he ha e/"ecte, an he accorin%#!
re>ueste that ,a#u!ot shou# withraw #on% enou%h $or the %overnor to con$er
with one 3ntonino 3ran.ue<, the other ca##er to whom re$erence has a#rea! been
mae. ,a#u!ot accorin%#! withrew into the recorer1s o$$ice an to# 3ran.ue<
that the %overnor wante to see or ta#2 to him. 3ran.ue< then went in an ha a
con$erence with the %overnor $or a $ew minutes about the a""ointment o$ the
$ormer as chie$ o$ "o#ice $or the munici"a#it! o$ Lima!. 0hen 3ran.ue< came out
,a#u!ot sai that it was now his turn an a%ain entere the %overnor1s o$$ice.
The evience shows that at the time ,a#u!ot reentere the %overnor1s o$$ice the
#atter was sittin% behin his es2 in an orinar! o$$ice chair. ,a#u!ot a""roache
the es2 an u"on reachin% a "osition irect#! in $ront o$ the %overnor s"o2e
certain wors which were hear, thou%h not istinct#!, b! "ersons in the
recorer1s o$$ice, 3ntonino 3ran.ue< mere#! hear the accuse ca## out F%overnor,G
whi#e Gre%orio e Gu<man unerstoo ,a#u!ot to be as2in% the %overnor $or his
revo#ver. The accuse himse#$ testi$ie that his re$erence to the revo#ver was
intene to amonish the %overnor to "re"are $or a morta# combat an he sa!s
that the wors s"o2en were theseB
,3LEO6T. (t a""ears to me that !our revo#ver an mine have the same ca#ibre.
G6*7RN6R L7R-3. No sir8 mine is 42.
,3LEO6T. )o is mine. ,e "re"are because one o$ us must ie.
The accuse %ives a co#or to this conversation which seems to us somewhat
unnatura#, an his statement as to what occurre, es"ecia##! with re$erence to the
#en%th o$ time that e#a"se a$ter he entere the %overnor1s o$$ice unti# the $irst shot
was $ire, is who##! #ac2in% in verisimi#itue. 0hat rea##! occurre, as the #ower
court $oun, an as the testimon! o$ the witnesses in the recorer1s o$$ice shows,
is that the $irst shot was $ire within a $ew secons a$ter ,a#u!ot reentere the
%overnor1s o$$ice an that the interva# which e#a"se was scarce#! more than
su$$icient to a##ow ,a#u!ot to reach the %overnor1s es2. The in$erence is
conc#usive that, immeiate#! u"on as2in% the %overnor about his revo#ver, an
iscoverin% that he was unarme, ,a#u!ot rew his own revo#ver an $ire.
(n the testimon! %iven b! ,a#u!ot himse#$ a circumstance is mentione which
a""ears to us im"ortant in this connection. +e sa!s that whi#e he was sittin% in the
recorer1s o$$ice, awaitin% the arriva# o$ Governor Lerma, 5au#o *ene%as, a %uar
attache to the "rovincia# .ai#, came u" an a$ter s"ea2in% in a #ow voice with the
recorer, entere the o$$ice o$ the %overnor an "resent#! emer%e, brin%in% a
revo#ver an some cartri%es. ,a#u!ot notice that the revo#ver was ischar%e
an remar2e to the "erson havin% it in han that an un#oae revo#ver is #ess
use$u# even than a cane. The %uar re"#ie that he was not the "erson char%e
with #oain% it, but was %oin% to ta2e it out to be c#eane, whereu"on he
isa""eare carr!in% the revo#ver with him. This act o$ carr!in% awa! o$ the
revo#ver $rom Governor Lerma1s o$$ice was es"ecia##! notice b! ,a#u!ot an
natura##! $rom this he must have su""ose that the revo#ver seen b! him was a
wea"on common#! 2e"t in the %overnor1s o$$ice. The sti## $urther in$erence was
obvious to ,a#u!ot that the %overnor u"on arriva# wou# be unarme in his o$$ice,
un#ess he shou# "ossib#! brin% a revo#ver u"on his "erson.
This circumstance shows that the wors which ,a#u!ot irecte to Governor
Lerma immeiate#! be$ore the $ata# attac2 were intene to iscover whether
Governor Lerma was in $act unarme. E"on iscoverin% that Governor Lerma i
not have his revo#ver at han, the accuse at once rew his own wea"on an
$ire. ,a#u!ot there$ore 2new Governor Lerma to be unarme an "ractica##!
e$ense#ess, an it is "#ain that the attac2 was not be%un unti# the assai#ant was
$u##! assure u"on this "oint.
The bu##et $irst $ire b! ,a#u!ot entere in the $ronta# re%ion o$ the ri%ht shou#er
b#ae o$ Governor Lerma an in$#icte a woun o$ minor im"ortance, "assin%
throu%h the a$oresai "art o$ the bo! an "enetratin% the bac2 o$ the chair in
which the %overnor was sittin%. 5assin% on $rom the chair, the ba## entere the
wa## o$ the o$$ice bui#in%, but was so $ar s"ent that it i not "enetrate ee"#!.
(nstea it mere#! mae a circu#ar ho#e in the wa## o$ moerate e"th an
reboune, $a##in% on the $#oor. The #ine o$ irection $o##owe b! the ba## inicates
that the accuse irecte the shot in somewhat ownwar irection an that
Governor Lerma was in a## "robabi#it! rec#inin% bac2wars in the chair at the
instant the shot struc2 him.
The %overnor immeiate#! arose. +is $ree action was im"ee b! the tab#e in
$ront, an b! the wa##s o$ the o$$ice behin an on either sie, since his tab#e was
in a corner o$ his o$$ice. +is e/it was $urther obstructe b! a sma## boo2 stan on
his immeiate ri%ht. +is on#! convenient irection o$ esca"e was, there$ore, in the
irection to his #e$t b! wa! o$ the s"ace between the #e$t corner o$ his es2 an the
wa## nearb!. This irection the %overnor accorin%#! too2, irectin% himse#$
towars a "assa%ewa! in the wa## a $ew $eet $rom his es2 #eain% into a corrior.
0hen the %overnor ha c#eare the es2 so as to #eave a $ree s"ace between
himse#$ an his assai#ant, the istance which se"arate them was on#! a $ew $eet.
38
,a#u!ot meanwhi#e turne somewhat to his ri%ht an avance s#i%ht#! in the
irection ta2en b! Governor Lerma.
The #atter esirin% to ma2e %oo his esca"e, starte to run in the irection
a$oresai, an ,a#u!ot, raisin% his revo#ver, a%ain $ire. The ba## struc2 Governor
Lerma in the re%ion o$ the ri%ht shou#er b#ae an "asse throu%h the bo! an
inch or two $rom the woun mae b! the $irst shot. The $irin% o$ the secon shot
was seen b! 3ntonino 3ran.ue<, whose attention ha been attracte b! the noise
o$ the $irst shot. ,ein% then seate at a es2 in the recorer1s o$$ice near the oor
#eain% into the %overnor1s o$$ice, this witness immeiate#! arose u"on hearin% the
$irst shot, an havin% arrive at a "oint in the %overnor1s o$$ice where stoo a
screen, occ#uin% irect vision $rom the oor to the %overnor1s es2, he "#ace
himse#$ at the sie o$ the screen an was thus ab#e to see the scene then bein%
transacte. (t was at this instant that ,a#u!ot, with his arm e/tene, $ire the
secon shot at his $#eein% victim. The %overnor at this moment ha his ri%ht han
raise to his a#rea! woune shou#er an was runnin% in a irection awa! $rom
his assai#ant rather than towars him. (mmeiate#! u"on seein% this shot $ire,
3ran.ue<, instea o$ intervenin% to save the %overnor, as wou# have been
becomin%, turne an $#e to obtain succor.
,oni$acio -encias, the sanitar! o$$icia#, who e/amine the wouns o$ Governor
Lerma, sa!s that both o$ the $irst two wouns were mae b! bu##ets which entere
$rom the $ront. This is obvious#! true as to the $irst, but as to the secon there
seems to be room $or oubt. The ins"ection mae b! the octor ma! have been
su"er$icia#, an his o"inion ma! have been "art#! a matter o$ mere in$erence $rom
his in$ormation as to the %enera# $eatures o$ the tra%e!. 3t an! rate he oes not
state an! "articu#ars $rom which it cou# c#ear#! be iscovere that the secon
shot entere $rom the $ront. The witness 3ran.ue< ma2es it c#ear that as the
matter "resente itse#$ to his e!e, the %overnor was $#eein% with his ri%ht sie,
rather than his $ront, e/"ose to ,a#u!ot. This witness sa!s that the %overnor1s
$ace was turne in the irection o$ his $#i%ht, thou%h he thin2s the %overnor cou#
have seen what ,a#u!ot was oin%. (n this view the secon shot shou#
a""arent#! have entere $rom behin.
The "oint we consier o$ #itt#e im"ortance, inasmuch as it is obvious that ,a#u!ot
was the a%%ressor throu%hout an that the secon shot was $ire at an unarme
man whose on#! "ur"ose was to e$$ect an esca"e to a "#ace o$ sa$et!. 0hether at
the instant this shot was $ire Governor Lerma ma! have ha his bo! turne so
as momentari#! to con$ront his assai#ant, movin% awa! siewise, can have no
bearin% u"on the >ua#i$ication an character o$ the crime. The testimon! o$
,a#u!ot to the e$$ect that as soon as Governor Lerma emer%e $rom behin the
tab#e the two en%a%e in a han to han stru%%#e is "re"osterous in the e/treme.
3$ter the secon shot was $ire, Governor Lerma continue his $#i%ht a#on% the
corrior an, instea o$ attem"tin% to "ass out to the ri%ht into the recorer1s
o$$ice, which wou# have e/"ose him to the an%er o$ another shot whi#e "assin%
throu%h the o"en s"ace, he too2 re$u%e in a c#oset at the en o$ the corrior.
6nce within, he shut the oor an "#ace himse#$ in a "osition to obstruct the
entrance o$ his "ursuer, who vain#! attem"te to o"en the oor.
The %overnor then be%an to ca## a#ou $or he#", an ,a#u!ot, .u%in% the "osition
o$ the %overnor1s hea $rom the irection o$ the soun thus emitte, $ire his
revo#ver in the irection inicate. The bu##et "asse throu%h the "ane# o$ the oor
an struc2 Governor Lerma in the $orwar "art o$ the hea near an above the
ri%ht tem"#e. (t "asse ownwars an came out throu%h the #e$t e!e, #oosenin%
the e!eba## in its soc2et. This woun was necessari#! $ata#, thou%h not instant#!
so8 an the %overnor evient#! #ost consciousness at once. ,a#u!ot, $ee#in% the
movement o$ the bo! within the c#oset, o"ene the oor without resistance. 3s
he i so the bo! o$ Governor Lerma shot $orwar out o$ the c#oset, as i$ in an
attitue to embrace the s#a!er, who rew bac2wars, an the bo! $e## "rone on
the $#oor. (n this "osition it remaine an was $oun "rostrate a $ew minutes #ater
b! "erson who came u"on the scene. Death ensue in about two or three hours,
without recover! o$ consciousness.
,a#u!ot, immeiate#! a$ter the tra%e!, ste""e over to a winow o$ the room
over#oo2in% the "ub#ic s>uare an ca##in% to a s>ua o$ &onstabu#ar!, who were
irectin% themse#ves to the "rovincia# bui#in%, inicate that the! shou# come
u". 3t the same time he threw his revo#ver to the %roun, with three em"t! she##s
an others that ha not been ischar%e. E"on the arriva# o$ the &onstabu#ar! he
surrenere without resistance.
The o$$ense committe in this case e/hibits $eatures mar2e#! simi#ar to those
which characteri<e the crime which was the sub.ect o$ "rosecution in Enite
)tates vs. Gi# ?14 5hi#. 940@8 an the o$$ense here committe was "ro"er#!
>ua#i$ie b! the tria# .u%e as murer, in which was "resent the >ua#i$!in%
circumstance o$ alevosia. The "resence o$ this e#ement is easi#! an in our
o"inion irre$utab#! inicate in the conitions an manner both o$ the ori%ina#
attac2 an o$ the $ina# act b! which the o$$ense was consummate.
0ith re$erence to the manner in which the attac2 was be%un, the "roo$ shows that
access was %aine b! ,a#u!ot, to the %overnor1s o$$ice u"on the "rete/t that he
esire a $rien#! interview8 an a#thou%h the straine re#ations e/istin% between
the two, owin% to their "o#itica# anta%onisms, was a""reciate b! both, there was
nothin% in the situation to warn the %overnor o$ im"enin% troub#e. The $act
,a#u!ot ha a#rea! been ca##e into the o$$ice u"on the %overnor1s $irst arriva#
an ha withrawn $or a $ew moments to "ermit another "erson to have an
interview was a#so ca#cu#ate to "ut the %overnor o$$ his %uar at the moment
,a#u!ot reentere the o$$ice. ,ein% seate in a rec#inin% chair, an hemme in b!
obstac#es which "revente him $rom reachin% his assai#ant, it is "#ain that the
unarme %overnor cou# ma2e no e$$ectua# e$ense a%ainst a "erson arme with
such a ea#! wea"on as a revo#ver. (t is obvious a#so that the means an
methos thus e#iberate#! se#ecte b! the assai#ant were intene to insure the
e/ecution o$ the crime without an! ris2 to himse#$ arisin% $rom the e$ense which
the o$$ene "art! cou# ma2e.
0e nee not etain ourse#ves to ana#!<e the conitions which e/iste when the
secon shot was $ire, an we "ass on to the thir, with the sin%#e observation
that the entire assau#t $rom the be%innin% must be consiere continuous an that
the secon shot was $ire whi#e the victim was eneavorin% to $#ee to a "#ace o$
sa$et!. The "resence o$ alevosia in the $irin% o$ the thir shot seems to be too
"atent to "ermit o$ controvers!. The victim in his e$$ort to esca"e ha been riven
to ta2e re$u%e in the c#oset, an with the oor shut, it was im"ossib#e $or him to
see what his assai#ant was oin% or to ma2e an! e$ense whatever a%ainst the
shot irecte throu%h the "ane# o$ the oor. (t was as i$ the victim ha been boun
or b#in$o#e, or ha been treacherous#! attac2e $rom behin in a "ath obscure
b! the ar2ness o$ ni%ht.
7ven su""osin% that alevosia ha not been "resent in the be%innin% o$ the
assau#t, it wou# be necessar! to $in this e#ement "resent $rom the manner in
which the crime was consummate. (n Enite )tates vs. 7#icana# ?49 5hi#. 209@
=ustice -ore#an saiB
This court has he# re"eate#! that, even thou%h the be%innin% o$ an attac2
resu#tin% in the eath o$ the ecease is $ree $rom treacher! o$ an! sort,
neverthe#ess it wi## be $oun "resent i$, at the time the $ata# b#ow is struc2, the
ecease is he#"#ess an unab#e to e$en himse#$. 0hi#e the writer o$ this o"inion
$ormer#! he# the view that, where there is no treacher! in the attac2 which resu#ts
in the eath o$ the ecease, there can be no treacher! which wi## >ua#i$! the
crime as murer notwithstanin% the $act that, at the time the $ata# b#ow was
struc2, the ecease was unarme an e$ense#ess, neverthe#ess, the court
havin% he# so $re>uent#! the contrar!, the writer acce"ts the octrine so we##
estab#ishe.
There was "resent in the o$$ense in >uestion the %eneric a%%ravatin%
circumstance that sai o$$ense was committe in a "#ace where "ub#ic authorit!
was en%a%e in the ischar%e o$ ut!. ?)ubsec. 19, art. 10, 5ena# &oe.@ There is
no iscernib#e i$$erence at this "oint between the "resent case an that o$ Enite
)tates vs. Gi# ?14 5hi#. 940, 944@, in which this a%%ravatin% circumstance was
ec#are to be "resent.
The tria# court a#so $oun that the crime in >uestion was characteri<e b! the
$urther a%%ravatin% circumstance o$ evient "remeitation. &ertain items o$ "roo$
39
which ten stron%#! to show the "resence o$ this e#ement ma! be brie$#!
mentione. (t was testi$ie b! one 5ero -a%a.es, a $rien o$ the accuse, that on
=u#! 14, 1918, ,a#u!ot in the course o$ a conversation with -a%a.es e/hibite i##-
$ee#in% a%ainst Lerma an sai that Lerma wou# "a! $or the mis$ortunes that
were be$a##in% him ?,a#u!ot@. Domin%o Linta%, compadre o$ the accuse, testi$ie
that on the 'ria! in the month o$ 3u%ust, "rior to the commission o$ the crime in
>uestion, he saw the e$enant in 6rion8 that when he an the e$enant shoo2
hans the #atter s>uee<e his han ti%ht#! an sai, F5arece ser >ue esta es #a
u#tima ve< >ue vamos a ar #a manoG Mma! be that this wi## be the #ast time we wi##
sha2e hansN. This remar2 is es"ecia##! noteworth!, since it shows that the
accuse contem"#ate some occurrence which wou# have %rave conse>uences
to him. 6n the mornin% o$ 3u%ust 4, the a! on which the crime was committe,
the accuse as2e more than one "erson i$ the! thou%ht he was in ,i#ibi,
intimatin% that a $a#se rumor to this e$$ect ha been ma#icious#! circu#ate b! his
arch-enem!, Governor Lerma. This shows c#ear#! that the min o$ the accuse
was $i/e u"on Lerma as the su""ose author o$ his wron%s.
No ver! satis$actor! e/"#anation is %iven b! the accuse as to the reason $or his
tri" to 6rion an es"ecia##! to ,a#an%a8 an the conc#usion is irresistib#e that he
was carrie to the #atter "#ace b! a thirst $or ven%eance . 'urthermore, the
conuct o$ the accuse in the ne/t a! or two succeein% the commission o$ the
crime was that o$ a "erson stimu#ate b! a $ee#in% o$ %rati$ication over the
success$u# accom"#ishment o$ a $i/e "ur"ose, not the conuct o$ one e$$ecte b!
%rie$ over the $ata# resu#ts o$ a suen an une/"ecte a#tercation. 3t no time i
he e/hibit an! si%n o$ re%ret $or the act committe. The conc#usion reasonab#! to
be rawn $rom the evience as a who#e is that the accuse, $or severa# a!s "rior
to the "er"etration o$ this murer, ha etermine to see2 an interview or
encounter with Governor Lerma re%ar#ess o$ conse>uences. (t is im"ossib#e to
sa! at what moment the etermination to ta2e #i$e became a $i/e reso#ution. The
esi%n to 2i## was "robab#! entertaine when the accuse went in the ear#!
mornin% o$ 3u%ust 4 to the %overnor1s o$$ice, an the "uttin% o$ this reso#ution into
e$$ect was at once etermine u"on when the accuse $oun that the %overnor
was unarme. (n orer to constitute the e#ement o$ 2nown "remeitation in the
crime o$ murer it is not necessar! that the s#a!er shou# have "re$i%ure in his
min a## o$ the etai#s o$ the crime or etermine u"on the e/act moment when he
shou# carr! his "ur"ose into e$$ect. (t is enou%h that the etermination to ta2e #i$e
shou# have been $orme $or a "erio su$$icient#! #on% to a##ow the actor time to
re$#ect coo##! u"on the character an the conse>uences o$ the act, the
accom"#ishment o$ the crime bein% #e$t to some suitab#e o""ortunit! such as
chance or esi%n ma! "resent.
(t is thus mani$est that the conc#usion o$ the tria# court that the o$$ense was
characteri<e b! 2nown "remeitation is b! no means without su""ort in the
evience. Neverthe#ess, as an e/"ress ru#in% on this "oint is unnecessar! to the
is"osition o$ the case, was concee to the accuse the bene$it o$ the "ossib#e
oubt, an we accorin%#! re$rain $rom ma2in% an! e/"ress $inin%s as to the
"resence o$ sai e#ement.
(t is contene in beha#$ o$ the accuse that the crime in >uestion was >ua#i$ie b!
two e/tenuatin% circumstances, name#!, $irst, that it was committe uner Fan
im"u#se so "ower$u# as natura##! to have "rouce "assion an ob$uscationG ?art.
9, subsec. ;, 5ena# &oe@, an, secon#!, that Fthe o$$ener ha no intention to
commit so %reat a wron% as that committe.G ?3rt. 9, subsec. 4, 5ena# &oe@. This
contention rests u"on certain statements $oun in the testimon! o$ the accuse
an which, in our o"inion, are iscreite b! other evience. ,a#u!ot states that
he be%an his $irst interview with Governor Lerma on 3u%ust 4 b! sa!in% that he
wishe Di"utao Me#e%ateN Re!es o$ ,ataan cou# have been "resent as there
were certain thin%s which he wante to sa! in the "resence o$ them both. ,a#u!ot
then state that there was no oubt that Governor Lerma ha won in the "o#itica#
contest an that it was a#so uneniab#e that in a## his own mis$ortunes the
%overnor ha "#a!e an im"ortant an irect "art. The %overnor, accorin% to
,a#u!ot, thereu"on re"#ieB Fviene uste con #a misma >ue.a, )r. ,a#u!ot, "ero no
somos enemi%osH )i $ueramos ami%os, menos ma#8 ! uste en nuestro #u%ar
hubiera hecho #o mismo como uste ha hecho con mi compadre *e#e< >ue acaba
e ser se"arao e #a Guaria Naciona#.G MOou come with the same com"#aint,
-r. ,a#u!ot, but, are we not enemiesH ($ we were $riens, not >uite so ba. ($ !ou
were in our "#ace !ou wou# have one the same as !ou have one with m!
$rien ?compadre@ *e#e< who has .ust been ischar%e $rom the Nationa# Guar.N
,a#u!ot sa!s that in re"#! to this he "roteste that he ha nothin% to o with the
se"aration o$ &a"tain *e#e< $rom the Nationa# Guar. 3t his .uncture the %overnor
su%%este that the interview was %oin% to be somewhat #en%th! an re>ueste
that ,a#u!ot shou# !ie# his turn $or a $ew minutes unti# the %overnor cou# have a
short interview with 3ran.ue<. Thereu"on the interview was interru"te in the
manner a#rea! state, ,a#u!ot withrawin% $or a $ew moments into the recorer1s
o$$ice.
,a#u!ot sa!s that, when he was reamitte into the "resence o$ the %overnor, he
seate himse#$ in the same chair in $ront o$ the %overnor1s es2 where he ha
been seate be$ore, an the conversation was resume. This conversation
accorin% to ,a#u!ot was o$ the $o##owin% tenorB
,a#u!ot sa!s that, u"on bein% in$orme b! Governor Lerma that =u%e
&once"cion ha renere .u%ment a%ainst him in the estafa case conemnin%
him to "rison, he #ost his hea, as he was in hi%h ho"es o$ bein% ac>uitte in that
"rosecution. +e accorin%#!, at the c#ose o$ the $ore%oin% wors im"ute to
Governor Lerma, rose $rom his chair an use the wors which we have >uote in
a $ormer "art o$ this o"inion with re$erence to the ca#ibre o$ Governor Lerma1s
revo#ver, at the same time unbuttonin% his coat an "roucin% his own wea"on.
7ven su""osin% that the conversation between the accuse an Governor Lerma
was e/act#! as state b! ,a#u!ot, the #an%ua%e use b! Governor Lerma was not
such as cou# have "rouce "assion an ob$uscation in ,a#u!ot su$$icient to
constitute the miti%atin% circumstance e$ine in subsection ; o$ artic#e 9 o$ the
5ena# &oe. (t is to be note, however, that no such conversation as that above
transcribe cou# "ossib#! have ta2en "#ace in the interva# between the
reentrance o$ ,a#u!ot into the %overnor1s o$$ice an the time when the wors
aresse to the %overnor about the revo#ver were hear in the recorer1s o$$ice.
'rom the testimon! %iven b! the witnesses 5ero Gon<a#es, 3ntonino 3ran.ue<
an Gre%orio e Gu<man, we consier it to be irre$utab#! estab#ishe that the $irst
shot was $ire within nine or ten secons a$ter ,a#u!ot reentere the %overnor1s
o$$ice an that the interva# which e#a"se was scarce#! more than su$$icient to
a##ow ,a#u!ot to reach the %overnor1s es2.
The min o$ an unbiase "erson must a#so be im"resse with the inverisimi#itue
o$ im"utin% to Governor Lerma 2now#e%e o$ a .u%ment renere b! a court in
the &it! o$ -ani#a a%ainst ,a#u!ot o$ which ,a#u!ot was i%norant, $or uner
section 41 o$ the &oe o$ &rimina# 5roceure sentence in such a "roceein% as
that then "enin% a%ainst this accuse must be "ronounce in the "resence o$
the conemne "erson, an i$ ,a#u!ot ha in $act been convicte he himse#$
wou# have been amon% the $irst to #earn o$ it. (t is hi%h#! im"robab#e that
%overnor Lerma wou# have been %ui#t! o$ conuct so unbecomin% as to have
en%a%e in banterin% a "o#itica# enem! over a matter so e#icate, when .u%ment
ha not in $act been "ronounce. 6ur conc#usion is that ,a#u!ot1s account o$ the
wors which "asse between him an Governor Lerma immeiate#! "rior to the
$irin% o$ the $irst shot must be re.ecte as $a#se.
The contention that the accuse ha no intention to commit so %reat a wron% as
that committe rests u"on the statement o$ ,a#u!ot that the thir shot was
accienta##! ischar%e $rom his revo#ver whi#e he was attem"tin% to "ush o"en
the oor o$ the c#oset in which the Governor ha ta2en re$u%e. This "retension is
har#! eservin% o$ serious notice, as it is re$ute not on#! b! the circumstantia#
evience bearin% u"on this "hase o$ the tra%e! but a#so b! an amission mae
b! ,a#u!ot on 3u%ust 9 in conversation with 7usebio Re!es, re"orter o$ a -ani#a
news"a"er. (n this conversation ,a#u!ot state that he "ursue the ecease to
the oor o$ the c#oset an, havin% observe $rom the cries emitte b! Governor
Lerma that the #atter was seate behin the oor, he ?,a#u!ot@ ischar%e his
"isto# in the irection where he ivine the %overnor to be. 0e have no oubt as
to the truth o$ this amission, an it is a com"#ete re$utation o$ the su%%estion that
the ischar%e o$ the revo#ver was accienta#.
0hat we have thus $ar sai su$$ices to emonstrate that in s#a!in% Governor
Lerma, the accuse was %ui#t! o$ murer with at #east one a%%ravatin%
circumstance an that the "ena#t! $or murer was "ro"er#! im"ose in its
40
ma/imum e%ree. (t is, however, $urther insiste in the brie$ o$ the 3ttorne!-
Genera# that in rea#it! two crimes were committe b! the accuse in the same act,
name#!, murer an assau#t u"on a "erson in authorit!. Ener this conce"tion o$
the case a#so the "ena#t! $or murer shou# be im"ose in its ma/imum e%ree
uner artic#e 89 o$ the 5ena# &oe.
0e a%ree with the 3ttorne!-Genera# u"on the "ro"osition that the same act in $act
resu#te in this case in the "er"etration o$ two crimes. That the homicie is to be
characteri<e as murer we have a#rea! etermine8 an it is uneniab#e that,
an attac2 was in the same act mae u"on a "erson in authorit! whi#e e/ercisin%
the uties o$ his o$$ice, as char%e in the com"#aint, since the ecease was, as a
"rovincia# %overnor, an authorit! within the meanin% o$ artic#e 249 o$ the 5ena#
&oe. These consierations in our o"inion su""#! an aitiona# irre$utab#e basis
$or the im"osition o$ the eath "ena#t! b! the tria# .u%e thou%h his ecision i
not iscuss this as"ect o$ the case.
0hat has been sai is su$$icient to is"ose o$ so much o$ the a""ea# as is
concerne with the commission o$ the o$$ense an its #e%a# >ua#i$ication uner the
#aw. 6ther >uestions, however, are raise re#ative to the conitions uner which
the case was ca##e to tria# an the manner in which the "rosecution was
conucte in the &ourt o$ 'irst (nstance. (n this connection various errors o$ #aw
are im"ute, in a se"arate assi%nments, to the action o$ the +on. &ar#os (m"eria#,
who acte as .u%e in the court be#ow.
(n the $irst s"eci$ication o$ error the a""e##ant a##e%es that Fhe was not %iven am"#e
o""ortunit! to e$en himse#$,G because the court enie his attorne!1s #ast
re>uest $or a continuance. E"on this %roun the a""e##ant see2s to secure $rom
this court, i$ not a reversa# o$ the .u%ment, at #east an orer $or a new tria#. The
assi%nment o$ error is in our o"inion without merit. (t a""ears in evience that on
3u%ust 4, 1918, the "rovincia# $isca# $i#e an in$ormation in the court o$ the .ustice
o$ the "eace char%in% the accuse with the crime o$ murer. 6n the 9th, he
a""eare an waive the ri%ht to be e$ene b! an attorne! an re>ueste that
the Fe:pedienteG be sent to the &ourt o$ 'irst (nstance as soon as "ossib#e. 6n the
9th, an in$ormation was $i#e in the &ourt o$ 'irst (nstance, whereu"on -anue#
,an<on, a re%u#ar#! amitte member o$ the bar, was a""ointe b! the court as
attorne! e o$$icio $or the e$enant u"on the #atter1s re>uest, an he was u#!
arrai%ne, enterin% a "#ea o$ not %ui#t!. 6n that ate the attorne!s $or the
Government as2e that the tria# be set $or the 12th, but the counse# $or the
accuse re>ueste that it be set $or the 19th, which "etition was %rante . 3$ter
the case was ca##e $or hearin% on the 19th, the court receive a te#e%ram $rom
*icente )otto, then a member o$ the bar in -ani#a, statin% that he ha been
em"#o!e b! the $ami#! o$ the accuse an as2in% that the hearin% be "ost"one
unti# the $o##owin% -ona!. The attorne!s $or the Government ob.ecte to this
re>uest but the court, neverthe#ess, "ost"one the hearin% unti# the $o##owin% a!,
an )otto was immeiate#! noti$ie b! te#e%ram o$ that orer. )otto at once
e"arte $or ,a#an%a an was "resent in court when the case was ca##e $or tria#
the ne/t mornin%. ,an<on was authori<e b! the court to retire $rom the case on#!
with the e$enant1s consent an a$ter )otto ha mae his a""earance an ta2en
char%e o$ the case.
'rom the $ore%oin% statement it is seen that the accuse was at a## times
re"resente be$ore the court b! a com"etent attorne!, an no $act is auce
which wou# enab#e us to sa! that he was in an! wise embarrasse in the ma2in%
o$ his e$ense b! the action o$ the court in settin% the case $or tria# on 3u%ust the
si/teenth an "roceein% with it on that a!. (t cannot be "ermitte that a tria#
court shou# be "ut in error $or re$usin% a continuance when there is nothin%
whatever to show that the accuse was in $act "re.uice b! the action ta2en.
0here a continuance is sou%ht on the %roun o$ want o$ "re"aration, an a$$iavit
shou# orinari#! be $i#e showin% in what res"ect the a""#icant is not rea! an
that he has mae reasonab#e e/ertions to "re"are $or tria# without success, or
some %oo reasons $or not ma2in% such e/ertions. ?14 &or. =ur., 184.@ Nothin% o$
the 2in was one in this case8 an when )otto actua##! a""eare in court an
assume the uties o$ attorne! $or the accuse, no a""#ication $or a continuance
o$ an! sort was rea##! mae. 6n the contrar! the attorne! was content mere#! to
cause a note to be mae in the recor to the e$$ect that he res"ect$u##! "roteste
a%ainst the te#e%ram which the court ha sent to him the a! be$ore noti$!in% that
the cause was set $or tria# on the 1:th. No statement whatever was mae showin%
wh! $urther e#a! was necessar!. The action ta2en b! the court was in our o"inion
in no wise "re.uicia# an was there$ore not erroneous.
(n Enite )tates vs. Lao &hueco ?4; 5hi#. 94@, it was he# that Fwhen an accuse
is ob#i%e to come to tria# without havin% the o""ortunit! to cite his witnesses it
cannot be sai that he is %iven the o""ortunit! to be trie com"#ete#!, $u##! an
im"artia##! as the #aw "rescribes, an a new tria# wi## be orere.G ,ut in that case
the accuse was e"rive o$ the o""ortunit! to sub"oena his witnesses, whereas
in the case at bar neither the accuse nor his attorne! in$orme the court that
there was an! witness that the! wante to be cite. (t oes not a""ear even now
that there was an! essentia# witness whom he cou# have "resente ha not the
case been trie on 3u%ust 1:th. 0hen the accuse was arrai%ne on 3u%ust 9
the court to# him that, i$ he ha an! witness that he wante the court to
sub"oena, he shou# so in$orm the court as soon as "ossib#e in orer that the tria#
o$ the case mi%ht not be e#a!e.
The secon assi%nment o$ error raises a >uestion which is aresse to the
"ersona# >ua#i$ication o$ his +onor, &ar#os 3. (m"eria#, to "resie at the hearin% o$
this case. The e/ce"tion to the tria# .u%e was base on the $act that the #atter ha
attene the $unera# obse>uies o$ Governor Lerma, which ha been characteri<e
b! mar2e mani$estations o$ "ub#ic %rie$ an s!m"ath!. This $act was re#ie u"on
as showin% that =u%e (m"eria# was biase an cou# not be re#ie on to tr! the
accuse with rectitue, .ustice, an im"artia#it!. The .u%e, however, i not
accee to this su%%estion an "roceee with the tria# as a#rea! state. There is
in our o"inion no merit in the assi%nment. No "re.uice on the "art o$ the .u%e is
in $act shown, an the recor b! no means bears out the assum"tion that the
.u%e was in $act in an! wise biase.
'urthermore, the ob.ection raise is not base u"on an! o$ the %rouns o$
is>ua#i$ication state in section 8 o$ 3ct No. 190. This section e/"ress#!
enumerates without ambi%uit! the cases in which a .u%e or .ustice o$ the "eace
is is>ua#i$ie $rom actin% as such, an the e/"ress enumeration o$ these cases
e/c#ues others. )uch is the tenor o$ the ecisions o$ this court in the cases o$
5er$ecto vs. &ontreras ?28 5hi#. 948@, an =oa>uin vs. ,arretto ?29 5hi#. 281@. (n
the case #ast cite it was he# that e/treme e#icac! was no %roun $or
is>ua#i$!in% a .u%e $rom tr!in% a case. The ecisions .ust cite are civi# cases
but in the absence o$ e/"ress "rovision in the &oe o$ &rimina# 5roceure, the
ana#o%! is o$ va#ue.
(n the thir assi%nment it is im"ute as error that the court at the hearin% enie a
motion o$ the attorne! o$ the accuse to withraw the "#ea o$ not %ui#t! "revious#!
entere b! him in orer to "ermit a emurrer to be $i#e to the in$ormation. The
attorne! i not isc#ose to the court the %roun on which he "ro"ose to base his
emurrer, an as the in$ormation a""ears to be su$$icient, it is evient that this
motion was mere#! i#ator!, an the court committe no error in re$usin% to
accee thereto. The action o$ the tria# court in "assin% u"on an a""#ication o$ this
character is #ar%e#! iscretionar! an is not sub.ect to review e/ce"t where the
.uicia# iscretion a""ears to have been abuse.
The $ourth s"eci$ication is aresse to the su""ose error o$ the court in re$usin%
to com"e# the "rovincia# $isca# to "rouce in court at the re>uest o$ the attorne! $or
the accuse certain written statements which ha been mae b! the witnesses
5ero Gon<a#es, Gre%orio e Gu<man, an 3ntonio 3ran.ue< in a "re#iminar!
in>uir! conucte b! the $isca# "re"arator! to this "rosecution. (t a""ears that
a$ter the witnesses above mentione ha been e/amine in court $or the
"rosecution, the! were turne over to the attorne! $or the accuse an were b!
him $u##! cross-e/amine. Later, when the %ivin% o$ testimon! $or the "rosecution
ha been conc#ue, the e$ense "roceee to introuce sunr! witnesses who
were e/amine in ue course. 3$ter $our ha thus testi$ie, an immeiate#!
be$ore the accuse was "#ace u"on the stan in his own beha#$, his attorne!
mae the re>uest that the ec#arations or statements above re$erre to shou# be
"rouce. The attorne! $or the "rosecution ob.ecte on the %roun that one "art!
cannot be com"e##e to "rouce evience in $avor o$ the other. The court was o$
the o"inion that the written ec#arations the "rouction o$ which was sou%ht were
o$ a "rivi#e%e nature an accorin%#! overru#e the motion. 0e are o$ the o"inion
that the court was not in error in re$usin% to com"e# the "rouction o$ the
ocuments in >uestion. The! were not ori%ina# or ine"enent evience o$ such a
41
character as to %ive the accuse an un>ua#i$ie ri%ht to com"e# their "rouction,
an no "ro"er basis was #ai in the cross-e/amination o$ the witnesses who ha
mae those statements to .usti$! their "rouction with a view to the im"eachment
o$ the ec#arants. The re>uest was o$ course base u"on the su""osition or
e/"ectation that i$ the statements o$ the witnesses be$ore the $isca# were
"rouce, the! mi%ht be $oun to contain somethin% i$$erent $rom what was
containe in their testimon! %iven in court.
0e 2now o$ no ru#e o$ "ractice which sustains the contention o$ the a""e##ant. The
statements in >uestion were not the sworn ec#arations o$ witnesses ta2en in
con$ormit! with the re>uirements o$ section 14 o$ Genera# 6rers, No 98, an
which are common#! attache to the Fe:pedienteG transmitte b! the committin%
ma%istrate to the &ourt o$ 'irst (nstance. (n the case at bar the "re#iminar!
e/amination be$ore the committin% ma%istrate was waive b! the accuse, an
the ec#arations o$ the witnesses $or the "rosecution were there$ore not ta2en
be$ore the ma%istrate. The ec#arations re$erre to were, on the contrar!, ta2en in
an investi%ation conucte b! the $isca# uner the authorit! o$ section 1:8; o$ the
3ministrative &oe. This section authori<es the $isca#, i$ he eems it wise, to
conuct an investi%ation into the matter o$ an! crime or misemeanor $or the
"ur"ose o$ institutin% or carr!in% on a crimina# "rosecution. (t is e/"ress#!
ec#are that this section sha## not be construe to authori<e a "rovincia# $isca# to
act as a .ustice o$ the "eace in an! "re#iminar! investi%ation. The "roceein% here
contem"#ate is o$ an aministrative character, an the in$ormation thereb!
ac>uire is intene $or the use o$ the $isca# in the conuct o$ the "rosecution.
)uch ec#arations there$ore "ertain to the o$$icia# $i#e in the o$$ice o$ the "ub#ic
"rosecutor an are not sub.ect to "rouction at the mere re>uest o$ the attorne!
$or the accuse where no %roun there$or ha been #ai.
(n orer that we ma! not be misunerstoo, as we## as $or the "ur"ose o$ c#ari$!in%
the "ractice in such matters, a $ew wors ma! here b! "ro"er#! sai in res"ect to
the "ro"er moe o$ "roceein% in a case where a "art! wishes to %et be$ore the
court contraictor! statements mae b! a witness who is testi$!in% $or the
aversar! "art!. 'or instance, i$ the attorne! $or the accuse ha in$ormation that
a certain witness, sa! 5ero Gon<a#es, ha mae an si%ne a sworn statement
be$ore the $isca# materia##! i$$erent $rom that %iven in his testimon! be$ore the
court, it was incumbent u"on the attorne! when cross-e/aminin% sai witness to
irect his attention to the iscre"anc! an to as2 him i$ he i not ma2e such an
such statement be$ore the $isca# or i$ he i not there ma2e a statement i$$erent
$rom that e#ivere in court. ($ the witness amits the ma2in% o$ such contraictor!
statement, the accuse has the bene$it o$ the amission, whi#e the witness has
the o""ortunit! to e/"#ain the iscre"anc!, i$ he can. 6n the other han, i$ the
witness enies ma2in% an! such contraictor! statement, the accuse has the
ri%ht to "rove that the witness i ma2e such statement8 an i$ the $isca# shou#
re$use u"on ue notice to "rouce the ocument, seconar! evience o$ the
contents thereo$ wou# be amissib#e. This "rocess o$ cross-e/aminin% a witness
u"on the "oint o$ "rior contraictor! statements is ca##e in the "ractice o$ the
3merican courts F#a!in% a "reicateG $or the introuction o$ contraictor!
statements. (t is a#most universa##! acce"te that un#ess a %roun is thus #ai
u"on cross-e/amination, evience o$ contraictor! statements are not amissib#e
to im"each a witness8 thou%h unoubte#! the matter is to a #ar%e e/tent in the
iscretion o$ the court.
0e wish to a that in a case o$ this 2in, i$ the accuse ha, b! a$$iavit or
otherwise, mae it a""ear to the satis$action o$ the court that the witnesses
name ha mae statements in their ec#arations be$ore the $isca# materia##! at
variance with their statements in court an that the "rouction o$ sai ec#arations
was necessar! or even esirab#e, in the interests o$ .ustice, the court wou# have
ha am"#e "ower to orer their "rouction. No such showin%, or intimation, was
mae in this case8 an the attorne! who mae the motion was mere#! an%#in% at
ranom to iscover somethin% that mi%ht "rove to be $avorab#e to his c#ient. To
"ut a court in error $or re$usin% to entertain such a motion wou# encoura%e
$rivo#ous e#a!s an ten to embarrass the s"ee! an "ro"er aministration o$
.ustice.
The #ast assi%nment irecte to su""ose error o$ #aw in the action o$ the tria#
court is to the e$$ect that the .u%e mae his ecision without hearin% the
assessors who acte at the tria#. (n this connection it a""ears that at the re>uest
o$ the accuse two assessors were a""ointe in accorance with the "rovisions
o$ sections 194-1:1 o$ 3ct No. 190, which "rovisions were e/tene to crimina#
causes b! 3ct No. 24:9 o$ the 5hi#i""ine Le%is#ature. The recor oes not show
that the assessors in the case be$ore us were in $act consu#te b! the .u%e, an
the ecision o$ the court ma2es no mention o$ them. 0e are o$ the o"inion that
the irre%u#arit!, i$ such it be, is immateria#. The $unctions o$ the assessor are
"ure#! avisor!, an the res"onsibi#it! $or the ecision rests e/c#usive#! with the
.u%e. The statute oes not re>uire that the o"inions o$ the assessors sha## be
recore e/ce"t where two or more assessors are o$ the o"inion that the court1s
$inin%s o$ $act are wron%. (n the si#ence o$ the recor it is to be "resume not on#!
that the $unctions o$ the assessors were "ro"er#! "er$orme but that the! a%ree
with the $inin%s o$ the court. This "resum"tion is borne out in the case be$ore us
b! the circumstance that a$ter the recors o$ the case ha been sent u" to this
court, the c#er2 o$ court o$ ,ataan $orware as "art o$ sai recors certi$ications
si%ne b! the assessors who ha sat in the case, statin% that the! ha rea the
ecision renere b! the court an that the! concurre in the $inin%s o$ $act
mae therein. (t is not necessar! that the recor shou# a$$irmative#! show that the
.u%e consu#te the assessors be$ore ma2in% his ecision as in the absence o$ a
showin% to the contrar! it is to be "resume that he i so.
'rom the "recein% iscussion it is a""arent that, in the view sustaine b! the
ma.orit! o$ the members o$ this court, no materia# error was committe b! the tria#
.u%e either in the moe o$ conuctin% the tria# or in the >ua#i$ication o$ the crime
an $i/in% the "ena#t! attenant thereu"on. +owever, as one o$ the =ustices o$
this court is not in accor with the ma.orit! with re%ar to the "ro"riet! o$ the
im"osition o$ the eath "ena#t!, the "ena#t! im"ose must, in con$ormit! with the
re>uirements o$ 3ct No. 2;2: o$ the 5hi#i""ine Le%is#ature, be reuce $rom eath
to cadena perpetua with the accessor! "ena#ties "rescribe in artic#e 94 o$ the
5ena# &oe. 3s thus moi$ie the .u%ment a""ea#e $rom is a$$irme, with costs
a%ainst the a""e##ant. )o orere.
5765L7 6' T+7 5+(L(55(N7), plaintiff,appellee$ vs. =E3N G6NY3L7)
7)&6T7, =R. [ =un -anti2a o$ )ta. Lucia, 3n%at, ,u#acan an *(&T6R
3&EO3N ! 6&+6*(LL6) [ *ic 3rro!o o$ )to. NiLo, 5ob#acion, ,ustos,
,u#acan, accused,appellants.
D 7 & ( ) ( 6 N
&3LL7=6, )R., ".B
Robber! with homicie is c#assi$ie as a crime a%ainst "ro"ert!. Neverthe#ess,
treacher! is a %eneric a%%ravatin% circumstance in sai crime i$ the victim o$
homicie is 2i##e treacherous#!. The )u"reme &ourt o$ )"ain so ru#e. )o oes
the &ourt ru#e in this case, as it ha one $or ecaes.
,e$ore the &ourt on automatic review is the Decision
1
M1N o$ ,ranch 11 o$ the
Re%iona# Tria# &ourt o$ ,u#acan in &rimina# &ase No. 444---9; convictin%
accuse-a""e##ants =uan Gon<a#es 7scote, =r. an *ictor 3cu!an o$ the com"#e/
crime o$ robber! with homicie, metin% on each o$ them the su"reme "ena#t! o$
eath, an orerin% them to "a! the heirs o$ the victim, )561 =ose &. -anio, =r.,
the tota# amount o$ 5400,000.00 b! wa! o$ actua# an mora# ama%es an to "a!
to 'ive )tar ,us, (nc., the amount o$ 5:,000.00 b! wa! o$ actua# ama%es.
The 'acts
The anteceent $acts as estab#ishe b! the "rosecution are as $o##owsB
6n )e"tember 28, 199: at "ast mini%ht, Roo#$o &acatian, the re%u#ar river o$
'ive )tar 5assen%er ,us bearin% 5#ate No. 3,)-;94, rove the bus $rom its
termina# at 5asa! &it! to its estination in ,o#inao, 5an%asinan. 3#so on boar
was Romu#o Di%a", the re%u#ar conuctor o$ the bus, as we## as some
"assen%ers. 3t &amachi#e, ,a#intawa2, si/ "assen%ers boare the bus,
inc#uin% *ictor 3cu!an an =uan Gon<a#es 7scote, =r. who were wearin% maon%
1
42
"ants, rubber shoes, hats an .ac2ets.
2
M2N =uan seate himse#$ on the thir seat
near the ais#e, in the mi#e row o$ the "assen%ers1 seats, whi#e *ictor stoo b!
the oor in the mi-"ortion o$ the bus besie Romu#o. 3nother "assen%er, )561
=ose &. -anio, =r., a resient o$ 3n%e#es &it!, was seate at the rear "ortion o$
the bus on his wa! home to 3n%e#es &it!. Tuc2e on his waist was his service
%un bearin% )eria# Number ;:980:. 7ver! now an then, Roo#$o #oo2e at the
sie view mirror as we## as the rear view an center mirrors insta##e ato" the
river1s seat to monitor an! incomin% an overta2in% vehic#es an to observe the
"assen%ers o$ the bus.
The #i%hts o$ the bus were on even as some o$ the "assen%ers s#e"t. 0hen the
bus was trave##in% a#on% the hi%hwa! in 5#arie#, ,u#acan, =uan an *ictor
suen#! stoo u", whi""e out their han%uns an announce a ho#u".
5etri$ie, Roo#$o %#ance at the center mirror towars the "assen%ers1 seat an
saw =uan an *ictor arme with han%uns. =uan $ire his %un u"war to awa2en
an scare o$$ the "assen%ers. *ictor $o##owe suit an $ire his %un u"war. =uan
an *ictor then accoste the "assen%ers an iveste them o$ their mone! an
va#uab#es. =uan iveste Romu#o o$ the $ares he ha co##ecte $rom the
"assen%ers. The $e#ons then went to the "#ace -anio, =r. was seate an
emane that he show them his ienti$ication car an wa##et. -anio, =r.
brou%ht out his ienti$ication car bearin% No. 00898.
4
M4N =uan an *ictor too2 the
ienti$ication car o$ the "o#ice o$$icer as we## as his service %un an to# himB
FPasensya 4a na Pare$ papatayin 4a namin$ baril mo rin and papatay sa iyo. G The
"o#ice o$$icer "#eae $or merc!B FPare maa#a 4a sa a4in. 1ay pamilya a4o.G
+owever, *ictor an =uan i%nore the "#ea o$ the "o#ice o$$icer an shot him on
the mouth, ri%ht ear, chest an ri%ht sie o$ his bo!. -anio, =r. sustaine si/
entrance wouns. +e $e## to the $#oor o$ the bus. *ictor an =uan then move
towars the river Roo#$o, seate themse#ves besie him an orere the #atter
to maintain the s"ee o$ the bus. Roo#$o hear one o$ the $e#ons sa!in%B
FGanyan lang ang pumatay ng tao. Parang pumapatay ng mano4.G The other
saiB F&yos na naman tayo pare. 1ala4i,la4i ito.G *ictor an =uan $urther to#
Roo#$o that a$ter the! ?*ictor an =uan@ sha## have a#i%hte $rom the bus, he
?Roo#$o@ shou# continue rivin% the bus an not re"ort the incient a#on% the
wa!. The robbers assure Roo#$o that i$ the #atter wi## $o##ow their instructions, he
wi## not be harme. *ictor an =uan orere Roo#$o to sto" the bus a#on% the
over"ass in -e/ico, 5am"an%a where the! a#i%hte $rom the bus. The robber!
was over in 29 minutes.
0hen the bus reache Dau, -aba#acat, 5am"an%a, Roo#$o an Romu#o
$orthwith re"orte the incient to the "o#ice authorities. The caaver o$ )561
-anio, =r. was brou%ht to the $unera# "ar#or where Dr. 3#e.anro D. To#entino, the
-unici"a# +ea#th 6$$icer o$ -aba#acat, 5am"an%a, "er$orme an auto"s! on the
caaver o$ the "o#ice o$$icer. The octor "re"are an si%ne an auto"s! re"ort
etai#in% the wouns sustaine b! the "o#ice o$$icer an the cause o$ his eathB
F,o! sti## $#acci ?not in ri%or mortis@ bathe with his own b#oo. There were :
entrance wouns an : e/it wouns. 3## the entrance were #ocate on his ri%ht
sie. 3n entrance ?0.9 cm / 0.9 cm.@ #ocate in$ront o$ the ri%ht ear e/ite at the
#e$t sie .ust be#ow the ear #obe. 3nother entrance throu%h the mouth e/ite at
the bac2 o$ the hea $racturin% the occi"ut with an o"enin% o$ ?1.9 cm / 2 cm@.
,#oo &)' an brain tissues came out. 3nother $ata# bu##et entere at the u""er
ri%ht cornea o$ the sternum, entere the chest cavit! "ierce the heart an #e$t
#un% an e/ite at the #e$t a/i##ar! #ine. )evere hemorrha%e in the chest cavit!
came $rom the heart an #e$t #un%. The other 4 bu##ets entere the ri%ht sie an
e/ite on the same sie. 6ne entrance at the to" o$ the ri%ht shou#er e/ite at
the meia# sie o$ the ri%ht arm. The other entere above the ri%ht breast an
e/ite at the ri%ht #atera# abomina# wa## trave##in% be#ow musc#es an
subcutaneous tissues without enterin% the cavities. Last#! another bu##et entere
above the ri%ht i#iac crest trave##e su"er$icia##! an e/ite above the ri%ht in%uina#
#ine.
&ause o$ DeathB
2
3
)hoc2, massive interna# an e/terna# hemorrha%e, com"#ete brain estruction an
in.ur! to the heart an #e$t #un% cause b! mu#ti"#e %unshot wouns.G
4
M4N
Roo#$o an Romu#o "roceee to the "o#ice station o$ 5#arie#, ,u#acan where
the! re"orte the robber! an %ave their res"ective sworn statements.
9
M9N )561
-anio, =r. was survive b! his wi$e Rosario -anio an their $our !oun% chi#ren.
Rosario s"ent 520,000.00 $or the co$$in an 510,000.00 $or the buria# #ot o$ the
s#ain "o#ice o$$icer.
:
M:N -anio, =r. was 48 !ears o# when he ie an ha a %ross
sa#ar! o$ 58,089.00 a month.
;
M;N
,are#! a month therea$ter, or on 6ctober 29, 199:, at about mini%ht, )564
Romeo -eneses, the team #eaer o$ 3#ert Team No. 1 o$ Tar#ac 5o#ice )tation,
an 564 '#orante ). 'errer were at the "o#ice chec2"oint a#on% the nationa#
hi%hwa! in Tar#ac, Tar#ac. 3t the time, the ,amban%-&once"cion bri%e was
c#ose to tra$$ic an the "o#ice o$$icers were tas2e to ivert tra$$ic to the )ta.
Rosa roa. -omentari#!, a white co#ore ta/i cab without an! "#ate number on its
$ront $ener came to view. -eneses sto""e the cab an as2e the river, who
turne out to be the accuse =uan Gon<a#es 7scote, =r., $or his ienti$ication car.
=uan to# -eneses that he was a "o#iceman an hane over to -eneses the
ienti$ication car o$ )561 -anio, =r. an the mone! which =uan an *ictor too2
$rom -anio, =r. urin% the heist on )e"tember 28, 199:.
8
M8N -eneses became
sus"icious when he note that the ienti$ication car ha a#rea! e/"ire on
-arch 1:, 1999. +e as2e =uan i$ the #atter ha a new "a! s#i". =uan cou# not
"rouce an!. +e $ina##! con$esse to -eneses that he was not a "o#iceman.
-eneses brou%ht =uan to the "o#ice station. 0hen "o#ice o$$icers $ris2e =uan $or
an! ea#! wea"on, the! $oun $ive #ive bu##ets o$ a 9 mi##imeter $irearm in his
"oc2et. The "o#ice o$$icers con$iscate the ammunition. (n the course o$ the
investi%ation, =uan amitte to the "o#ice investi%ators that he an *ictor, a#ias
*ictor 3rro!o, sta%e the robber! on boar 'ive )tar ,us an are res"onsib#e $or
the eath o$ )561 -anio, =r. in 5#arie#, ,u#acan. -eneses an 'errer e/ecute
their .oint a$$iavit o$ arrest o$ =uan.
9
M9N =uan was subse>uent#! turne over to the
5#arie# 5o#ice )tation where Romu#o ienti$ie him throu%h the #atter1s "icture as
one o$ those who robbe the "assen%ers o$ the 'ive )tar ,us with 5#ate No. 3,)-
;94 an 2i##e )561 -anio, =r. on )e"tember 28, 199:. (n the course o$ their
investi%ation, the 5#arie# 5o#ice )tation (nvesti%ators #earne that *ictor was a
native o$ Laoan%, Northern )amar.
10
M10N 6n 3"ri# 4, 199;, an (n$ormation char%in%
=uan Gon<a#es 7scote, =r. an *ictor 3cu!an with robber! with homicie was $i#e
with the Re%iona# Tria# &ourt o$ ,u#acan. The (n$ormation reasB
That on or about the 28
th
a! o$ )e"tember 199:, in the munici"a#it! o$ 5#arie#,
"rovince o$ ,u#acan, 5hi#i""ines, an within the .urisiction o$ this +onorab#e
&ourt, the above-name accuse, cons"irin%, con$eeratin% to%ether an
mutua##! he#"in% each other, arme with $irearms, i then an there wi#$u##!,
un#aw$u##! an $e#onious#!, with intent o$ ?sic@ %ain an b! means o$ $orce, vio#ence
an intimiation, ta2e, rob an carr! awa! with one ?1@ nec2#ace an cash in MtheN
unetermineMN amount o$ one )561 =ose &. -anio, =r., to the ama%e an
"re.uice o$ the sai owner in the sai unetermineMN amount8 that
simu#taneous#! or on the occassion ?sic@ o$ sai robber!, sai accuse b! means
o$ vio#ence an intimiation an in $urtherance o$ their cons"irac! attac2, assau#t
an shoot with the service $irearm o$ the sai )561 =ose &. -anio, =r., thereb!
in$#ictin% serious "h!sica# in.uries which resu#te ?sic@ the eath o$ the sai )561
=ose &. -anio, =r.
&ontrar! to #aw.
11
M11N
4
5
6
7
8
9
10
11
43
6n the stren%th o$ a warrant o$ arrest, the "o#ice o$$icers arreste *ictor in
Laoan%, Northern )amar an ha him incarcerate in the ,u#acan 5rovincia# =ai#.
3ssiste b! 3tt!. Ramiro 6sorio, their counse# de parte, =uan an *ictor were
u#! arrai%ne an entere their "#ea o$ not %ui#t! to the char%e. Tria# therea$ter
ensue. 3$ter the "rosecution ha reste its case on 3u%ust 2:, 1998, =uan
esca"e $rom the "rovincia# .ai#.
12
M12N The tria# court issue a bench warrant on
)e"tember 22, 1998 $or the arrest o$ sai accuse-a""e##ant.
14
M14N (n the
meantime, *ictor auce his evience.
*ictor enie the char%e an inter"ose the e$ense o$ a#ibi. +e testi$ie that in
199:, he wor2e as a tire man in the vu#cani<in% sho" #ocate in ,an%a (, 5#arie#,
,u#acan owne b! Ton! ,o! Ne%ro. 6n one occasion, (#are *ictorino, a
customer o$ Ton! ,o! Ne%ro, orere *ictor to se## a tire. *ictor so# the tire but
i not turn over the "rocees o$ the sa#e to (#are. The #atter hate *ictor $or his
misee. The sho" was #ater emo#ishe an a$ter two months o$ em"#o!ment,
*ictor returne to ,aran%a! -uwa#-,uwa#, Laoan%, Northern )amar. 6n
)e"tember 2:, 199:, at 9B40 ".m., *ictor was at the town $iesta in Laoan%. *ictor
an his $riens, =ose"h (rin%co an Ric2e! Lorcio were havin% a rin2in% s"ree in
the house o$ ,aran%a! &a"tain (2e ,a#u!a. 3t 11B40 ".m., the three #e$t the house
o$ the baran%a! ca"tain an attene the "ub#ic ance at the town auitorium.
*ictor an his $riens #e$t the auitorium at 9B40 a.m. o$ )e"tember 2;, 199:.
*ictor #i2ewise testi$ie that he never met =uan unti# his arrest an etention at the
,u#acan 5rovincia# =ai#. 6ne o$ the inmates in sai "rovincia# .ai# was (#are
*ictorino. *ictor #earne that (#are im"#icate him $or the robber! o$ the 'ive )tar
,us an the 2i##in% o$ )561 -anio, =r. to hit bac2 at him $or his $ai#ure to turn over
to (#are the "rocees o$ the sa#e o$ the #atter1s tire.
6n =anuar! 14, 1999, =uan was rearreste in Daet, &amarines Norte.
14
M14N
+owever, he no #on%er auce an! evience in his beha#$.
The *erict o$ the Tria# &ourt
6n -arch 11, 1999, the tria# court renere its Decision .u%ment $inin% =uan
an *ictor %ui#t! be!on reasonab#e oubt o$ the crime char%e, mete on each
o$ them the "ena#t! o$ eath an orere them to "a! 5400,000.00 as actua# an
mora# ama%es to the heirs o$ the victim an to "a! the 'ive )tar ,us &om"an!
the amount o$ 5:,000.00 as actua# ama%es. The ecreta# "ortion o$ the ecision
reasB
0+7R7'6R7, this &ourt $ins both accuse, =uan Gon<a#es 7scote, =r. an
*ictor 3cu!an GE(LTO be!on reasonab#e oubt o$ Robber! with +omicie as
"ena#i<e uner 3rt. 294 o$ the Revise 5ena# &oe as amene an hereb!
sentences both to su$$er the su"reme "ena#t! o$ Death an to inemni$! the heirs
o$ the #ate )561 =ose &. -anio, =r., the amount o$ 5400,000.00 as actua# an
mora# ama%es an to "a! the 'ive )tar ,us 5:,000.00 as actua# ama%e.
)6 6RD7R7D.
19
M19N
3ssi%nment o$ 7rrors
=uan an *ictor assai# the Decision o$ the tria# court an conten thatB
(
T+7 TR(3L &6ERT 7RR7D (N +6LD(NG T+3T R6D6L'6 &3&3T(3N 3ND
R6-EL6 D(G35, DR(*7R 3ND &6NDE&T6R 6' T+7 '(*7 )T3R ,E),
R7)57&T(*7LO, 07R7 3,L7 T6 56)(T(*7LO (D7NT('O T+7 T06 ?2@ -7N
0+6 +7LD-E5 T+7(R ,E) 3ND K(LL7D 6N7 53))7NG7R T+7R76' 3T
3R6END 4B00 61&L6&K (N T+7 73RLO -6RN(NG 6' )75T7-,7R 28, 199:.
12
13
14
15
((
T+7 TR(3L &6ERT 7RR7D (N '(ND(NG T+7 T06 ?2@ 3&&E)7D GE(LTO
,7O6ND R73)6N3,L7 D6E,T 6' T+7 &R(-7 6' R6,,7RO 0(T+
+6-(&(D7.
1:
M1:N
The &ourt1s *erict
3nent the $irst assi%nment o$ error, =uan an *ictor conten that the tria# court
committe a reversib#e error in re#!in% on the testimon! o$ Roo#$o, the bus
conuctor, $or convictin% them o$ the crime char%e. The! aver that a#thou%h their
counse# was ab#e to initia##! cross-e/amine Roo#$o, the $ormer $ai#e to continue
with an terminate his cross-e/amination o$ the sai witness throu%h no $au#t o$
his as the witness $ai#e to a""ear in subse>uent "roceein%s. The! assert that
even i$ the testimonies o$ Roo#$o an Romu#o were to be consiere, the two
witnesses were so "etri$ie urin% the robber! that the! were not ab#e to #oo2 at
the $e#ons an hence cou# not "ositive#! ienti$! accuse-a""e##ants as the
"er"etrators o$ the crime. The! ar%ue that the "o#ice investi%ators never
conucte a "o#ice #ine-u" $or the ienti$ication o$ the authors o$ the crime.
The contentions o$ =uan an *ictor are not meritorious. There is no $actua# an
#e%a# basis $or their c#aim that the! were i##e%a##! e"rive o$ their constitutiona#
an statutor! ri%ht to $u##! cross-e/amine Roo#$o. The &ourt a%rees that the ri%ht
to cross-e/amine is a constitutiona# ri%ht anchore on ue "rocess.
1;
M1;N (t is a
statutor! ri%ht $oun in )ection 1?$@, Ru#e 119 o$ the Revise Ru#es o$ &rimina#
5roceure which "rovies that the accuse has the ri%ht to con$ront an cross-
e/amine the witnesses a%ainst him at the tria#. +owever, the ri%ht has a#wa!s
been unerstoo as re>uirin% not necessari#! an actua# cross-e/amination but
mere#! an o""ortunit! to e/ercise the ri%ht to cross-e/amine i$ esire.
18
M18N 0hat
is "roscribe b! statutor! norm an .uris"ruentia# "rece"t is the absence o$ the
o""ortunit! to cross-e/amine.
19
M19N The ri%ht is a "ersona# one an ma! be
waive e/"ress#! or im"#ie#!. There is an im"#ie waiver when the "art! was
%iven the o""ortunit! to con$ront an cross-e/amine an o""osin% witness but
$ai#e to ta2e avanta%e o$ it $or reasons attributab#e to himse#$ a#one.
20
M20N ($ b!
his actuations, the accuse #ost his o""ortunit! to cross-e/amine who##! or in "art
the witnesses a%ainst him, his ri%ht to cross-e/amine is im"#ie#! waive.
21
M21N
The testimon! %iven on irect e/amination o$ the witness wi## be receive or
a##owe to remain in the recor.
22
M22N
(n this case, the ori%ina# recors show that a$ter severa# resettin%s, the initia# tria#
$or the "resentation b! the "rosecution o$ its evience-in-chie$ was set on
November 18, 199; an December 9, 199;, both at 9B00 a.m.
24
M24N Roo#$o
testi$ie on irect e/amination on November 18, 199;. The counse# o$ =uan an
*ictor $orthwith commence his cross-e/amination o$ the witness but because o$
the mani$estation o$ sai counse# that he cannot $inish his cross-e/amination, the
court orere the continuation thereo$ to December 9, 199;.
24
M24N 6n December
9, 199;, Roo#$o i not a""ear be$ore the court $or the continuation o$ his cross-
e/amination but Rosemarie -anio, the wiow o$ the victim i. The "rosecution
"resente her as witness. +er testimon! was terminate. The court orere the
continuation o$ the tria# $or the cross-e/amination o$ Roo#$o on =anuar! 20, 1998
at 8B40 a.m.
29
M29N Durin% the tria# on =anuar! 20, 1998, Roo#$o was "resent but
accuse-a""e##ants1 counse# was absent. The court issue an orer ec#arin%
that $or $ai#ure o$ sai counse# to a""ear be$ore the court $or his cross-e/amination
16
17
18
19
20
21
22
23
24
25
44
o$ Roo#$o, *ictor an =uan waive their ri%ht to continue with the cross-
e/amination o$ sai witness.
2:
M2:N Durin% the tria# set $or 'ebruar! 4, 1998, the
counse# o$ =uan an *ictor a""eare but i not move $or a reconsieration o$ the
court1s orer ate =anuar! 20, 1998 an $or the reca## o$ Roo#$o &acatian $or
$urther cross-e/amination. (t behoove counse# $or =uan an *ictor to $i#e sai
motion an "ra! that the tria# court orer the reca## o$ Roo#$o on the witness
stan. =uan an *ictor cannot .ust $o# their arms an su"ine#! wait $or the
"rosecution or $or the tria# court to initiate the reca## o$ sai witness. (nee, the
&ourt he# in 2ulgado vs. Court of &ppeals, et alB
///
The tas2 o$ reca##in% a witness $or cross e/amination is, in #aw, im"ose on the
"art! who wishes to e/ercise sai ri%ht. This is so because the ri%ht, bein%
"ersona# an waivab#e, the intention to uti#i<e it must be e/"resse. )i#ence or
$ai#ure to assert it on time amounts to a renunciation thereo$. Thus, it shou# be
the counse# $or the o""osin% "art! who shou# move to cross-e/amine "#ainti$$1s
witnesses. (t is absur $or the "#ainti$$ himse#$ to as2 the court to scheu#e the
cross-e/amination o$ his own witnesses because it is not his ob#i%ation to ensure
that his e"onents are cross-e/amine. +avin% "resente his witnesses, the
buren shi$ts to his o""onent who must now ma2e the a""ro"riate move. (nee,
the ru#e o$ "#acin% the buren o$ the case on "#ainti$$1s shou#ers can be construe
to e/tremes as what ha""ene in the instant "roceein%s.
2;
M2;N
The tria# was reset to -arch 41, 3"ri# 1; an 24, 1998, a## at 8B40 a.m. because o$
the non-avai#abi#it! o$ the other witnesses o$ the "rosecution.
28
M28N 6n -arch 41,
1998, the "rosecution "resente Dr. 3#e.anro To#entino, 562 Rene e #a &ru<
an Romu#o Di%a". Durin% the tria# on 3"ri# 1;, 1998, the counse# o$ =uan an
*ictor $ai#e to a""ear. The tria# was reset to =une 4, 19 an 2:, 1998.
29
M29N The
tria# scheu#e on =une 4, 1998 was cance##e ue to the absence o$ the counse#
o$ =uan an *ictor. The court issue an orer a""ointin% 3tt!. Roberto Ramire<
as counse# $or accuse-a""e##ants.
Durin% the tria# on 3u%ust 2:, 1998, 3tt!. Ramire< a""eare in beha#$ o$ =uan an
*ictor. The "rosecution reste its case a$ter the "resentation o$ )562 Romeo
-eneses an $orma##! o$$ere its ocumentar! evience. The ne/t tria# was set
on )e"tember 24, 1998 at 8B40 a.m.
40
M41N 6n November 11, 1998, =uan an
*ictor commence the "resentation o$ their evience with the testimon! o$
*ictor.
41
M42N The! reste their case on =anuar! 2;, 1999 without an! evience
auce b! =uan.
=uan an *ictor i not even $i#e an! motion to reo"en the case be$ore the tria#
court renere its ecision to a##ow them to cross-e/amine Roo#$o. The!
remaine mute a$ter .u%ment was renere a%ainst them b! the tria# court.
Neither i the! $i#e an! "etition $or certiorari with the &ourt o$ 3""ea#s $or the
nu##i$ication o$ the 6rer o$ the tria# court ate =anuar! 20, 1998 ec#arin% that
the! ha waive their ri%ht to cross-e/amine Roo#$o. (t was on#! on a""ea# to
this &ourt that =uan an *ictor averre $or the $irst time that the! were e"rive o$
their ri%ht to cross-e/amine Roo#$o. (t is now too #ate in the a! $or =uan an
*ictor to o so. The octrine o$ esto""e# states that i$ one maintains si#ence when
in conscience he ou%ht to s"ea2, e>uit! wi## ebar him $rom s"ea2in% when in
conscience he ou%ht to remain si#ent. +e who remains si#ent when he ou%ht to
s"ea2 cannot be hear to s"ea2 when he shou# be si#ent.
The contention o$ accuse-a""e##ants =uan an *ictor that Roo#$o an Romu#o
$ai#e to ienti$! them as the "er"etrators o$ the crime char%e is isbe#ieve b!
the tria# court, thusB
26
27
28
29
30
31
3s can be %athere $rom the testimonies o$ the witnesses $or the "rosecution, on
)e"tember 28, 199:, the accuse boare at aroun 4B00 a.m. a 'ive )tar ,us
riven b! Roo#$o &acatian, boun to 5an%asinan, in &amachi#e, ,a#intawa2,
Pue<on &it!. Twent! ?20@ minutes or so #ater, when the bus reache the vicinit!
o$ Nabua%, 5#arie#, ,u#acan, a#on% the North 7s"resswa!, the accuse with %uns
in han suen#! stoo u" an announce a ho#-u". )imu#taneous#! with the
announcement o$ a ho#-u", 7scote $ire his %un u"wars. 3cu!an, meanwhi#e,
too2 the %un o$ a man seate at the bac2. ,oth then went on to ta2e the mone!
an va#uab#es o$ the "assen%ers, inc#uin% the bus conuctor1s co##ections in the
amount o$ 5:,000.00. Therea$ter, the uo a""roache the man at the bac2 te##in%
him in the vernacu#ar F5asensi!a 2a na "are, "a"ata!in 2a namin. ,ari# mo rin
an% "a"ata! sa i!o.G The! "ointe their %uns at him an $ire severa# shots
ob#ivious o$ the "#ea $or merc! o$ their victim. 3$ter the shootin%, the #atter
co##a"se on the $#oor. The two ?2@ then went bac2 at the $ront "ortion o$ the bus
behin the river1s seat an were overhear b! the bus river, &acatian, ta#2in%
how eas! it was to 2i## a man. The robber! an the 2i##in% were over in 29
minutes. E"on reachin% the -e/ico over"ass o$ the 7/"resswa! in 5am"an%a,
the two ?2@ %ot o$$ the bus. The river rove the bus to the -aba#acat 5o#ice
)tation an re"orte the incient. Durin% the investi%ation conucte b! the
"o#ice, it was $oun out that the s#ain "assen%er was a "o#iceman, )561 =ose &.
-anio, =r. o$ the &a#oocan &it! 5o#ice De"artment.
The above version came $rom Roo#$o &acatian an Romu#o Di%a", bus river
an conuctor, res"ective#!, o$ the i##-$ate 'ive )tar ,us.
42
M44N
The &ourt a%rees with the tria# court. (t ma! be true that Romu#o was $ri%htene
when =uan an *ictor suen#! announce a ho#u" an $ire their %uns u"war,
but it oes not $o##ow that he an Roo#$o $ai#e to have a %oo #oo2 at =uan an
*ictor urin% the entire time the robber! was ta2in% "#ace. The &ourt has he# in
a catena o$ cases that it is the most natura# reaction o$ victims o$ vio#ence to strive
to see the a""earance o$ the "er"etrators o$ the crime an to observe the manner
in which the crime was committe.
44
M49N Roo#$o an Romu#o ha a %oo #oo2 at
both =uan an *ictor be$ore, urin% an a$ter the! sta%e the robber! an be$ore
the! a#i%hte $rom the bus. The evience on recor shows that when =uan an
*ictor boare the bus an whi#e the sai vehic#e was on its wa! to its estination,
Romu#o statione himse#$ b! the oor o$ the bus #ocate in the mi-section o$ the
vehic#e. The #i%hts insie the bus were on. =uan seate himse#$ in the mi#e row
o$ the "assen%ers1 seat near the center ais#e whi#e *ictor stoo near the oor o$
the bus about a meter or so $rom Romu#o.
44
M4:N Romu#o, =uan an *ictor were
near each other. -oreover, =uan iveste Romu#o o$ his co##ection o$ the $ares
$rom the "assen%ers.
49
M4;N Romu#o thus ha a $ace-to-$ace encounter with =uan.
3$ter shootin% )561 -anio, =r. at the rear "ortion o$ the bus, =uan an *ictor
"asse b! where Romu#o was stanin% an %ave their instructions to him.
&onsierin% a## the $acts an circumstances, there is no iota o$ oubt that Romu#o
saw an reco%ni<e =uan an *ictor be$ore, urin% an a$ter the heist.
4:
M48N
Roo#$o #oo2e man! times on the rear, sie an center view mirrors to observe
the center an rear "ortions o$ the bus be$ore an urin% the robber!. Roo#$o
thus saw =uan an *ictor sta%e the robber! an 2i## )561 -anio, =r. with
im"unit!B
-oreover, when he was accoste b! )564 Romeo -eneses on 6ctober 29,
199; in Tar#ac, Tar#ac, =uan was in "ossession o$ the ienti$ication car
4;
M44N o$
the s#ain "o#ice o$$icer. =uan $ai#e to e/"#ain to the tria# court how an uner what
circumstances he came into "ossession o$ sai ienti$ication car. =uan must
necessari#! be consiere the author o$ the robber! an the 2i##in% o$ )561
-anio, =r. (n People v. 1antung,
48
M44N we he#B
32
33
34
35
36
37
38
45
/// MTNhe recover! o$ "art o$ the #oot $rom -antun% or the time o$ his arrest %ave
rise to a #e%a# "resum"tion o$ his %ui#t. 3s this &ourt has he#, VM(Nn the absence o$
an e/"#anation o$ how one has come into "ossession o$ sto#en e$$ects be#on%in%
to a "erson woune an treacherous#! 2i##e, he must necessari#! be consiere
the author o$ the a%%ression an eath o$ the sai "erson an o$ the robber!
committe on him.1
0hi#e "o#ice investi%ators i not "#ace =uan an *ictor in a "o#ice #ine-u" $or
"ro"er ienti$ication b! Roo#$o an Romu#o, it cannot thereb! be conc#ue that
absent such #ine-u", their ienti$ication b! Romu#o an Roo#$o as the authors o$
the robber! with homicie was unre#iab#e. There is no #aw or "o#ice re%u#ation
re>uirin% a "o#ice #ine-u" $or "ro"er ienti$ication in ever! case. 7ven i$ there was
no "o#ice #ine-u", there cou# sti## be "ro"er an re#iab#e ienti$ication as #on% as
such ienti$ication was not su%%este or insti%ate to the witness b! the "o#ice.
49
M49N (n this case, there is no evience that the "o#ice o$$icers ha su""#ie or even
su%%este to Roo#$o an Romu#o the ientities o$ =uan an *ictor as the
"er"etrators o$ the robber! an the 2i##in% o$ )561 -anio, =r.
The 'e#on! &ommitte b! =uan an *ictor
The &ourt $ins that the tria# court committe no error in convictin% =uan an
*ictor o$ robber! with homicie. 3rtic#e 294, "ara%ra"h 1 o$ the Revise 5ena#
&oe, as amene b! Re"ub#ic 3ct ;:99, reasB
3rt. 294. - Robbery #ith violence against or intimidation of persons. - Penalties. -
3n! "erson %ui#t! o$ robber! with the use o$ vio#ence a%ainst or intimiation o$ an!
"erson sha## su$$erB
1. The "ena#t! o$ reclusion perpetua to eath, when b! reason or on occasion o$
the robber!, the crime o$ homicie sha## have been committe, or when the
robber! sha## have been accom"anie b! ra"e or intentiona# muti#ation or arson.
To warrant the conviction o$ =uan an *ictor $or the sai char%e, the "rosecution
was burene to "rove the con$#uence o$ the $o##owin% essentia# e#ementsB
/// ?a@ the ta2in% o$ "ersona# "ro"ert! with the use o$ vio#ence or intimiation
a%ainst a "erson8 ?b@ the "ro"ert! thus ta2en be#on%s to another8 ?c@ the ta2in% is
characteri<e b! intent to %ain or animus lucrandi an ?@ on the occasion o$ the
robber! or b! reason thereo$, the crime o$ homicie, which is therein use in a
%eneric sense, was committe. ///
40
M4:N
The intent to rob must "recee the ta2in% o$ human #i$e.
41
M4;N (n robber! with
homicie, so #on% as the intention o$ the $e#ons was to rob, the 2i##in% ma! occur
be$ore, urin% or a$ter the robber!. (n People v. *arut,
42
M48N the &ourt he# thatB
(n the contro##in% )"anish version o$ artic#e 294, it is "rovie that there is robber!
with homicie Fcuano con motivo o con ocasi\n e# robo resu#tare homiciioG.
F,asta >ue entre a>ue# este e/ista una re#aci\n meramente ocasiona#. No se
re>uiere >ue e# homiciio se cometa como meio e e.ecuci\n e# robo, ni >ue e#
cu#"ab#e ten%a intenci\n e matar, e# e#ito e/iste se%]n constanta .uris"ruencia,
aun cuano no concurra animo homicia. (nc#uso si #a muerte sobreviniere "or
mero acciente, siem"re >ue e# homiciio se "rou<ca con motivo con ocasi\n
e# robo, sieno ini$erente >ue #a muerte sea anterior, coet^nea o "osterior a
_steG ?2 &ue##o &a#on, Derecho 5ena#, 19;9 14
th
7. 5. 8;2@.
7ven i$ the victim o$ robber! is other than the victim o$ the homicie committe on
the occasion o$ or b! reason o$ the robber!, neverthe#ess, there is on#! one sin%#e
an inivisib#e $e#on! o$ robber! with homicie. 3## the crimes committe on the
occasion or b! reason o$ the robber! are mer%e an inte%rate into a sin%#e an
39
40
41
42
inivisib#e $e#on! o$ robber! with homicie. This was the ru#in% o$ the )u"reme
&ourt o$ )"ain on )e"tember 9, 188:, et sequitur cite b! this &ourt in People v.
1angulabnan$ et al.
44
M49N
0e see, there$ore, that in orer to etermine the e/istence o$ the crime o$ robber!
with homicie it is enou%h that a homicie wou# resu#t b! reason or on the
occasion o$ the robber! ?Decision o$ the )u"reme &ourt o$ )"ain o$ November 2:,
1892, an =anuar! ;, 18;8, >uote in 2 +ia#%o1s 5ena# &oe, ". 2:; an 299-
2:0, res"ective#!@. This +i%h Tribuna# s"ea2in% o$ the accessor! character o$ the
circumstances #eain% to the homicie, has a#so he# that it is immateria# that the
eath wou# su"ervene b! mere accient ?Decision o$ )e"tember 9, 188:8
6ctober 22, 190;8 3"ri# 40, 1910 an =u#! 14, 191;@, "rovie that the homicie
be "rouce b! reason or on occasion o$ the robber!, inasmuch as it is on#! the
result obtaine, without re$erence or istinction as to the circumstances, causes,
moes or "ersons intervenin% in the commission o$ the crime, that has to be ta2en
into consieration ?Decision o$ =anuar! 12, 1889 T see &ue##o &a#on1s &oi%o
5ena#, ". 901-902@.
&ase #aw has it that whenever homicie has been committe b! reason o$ or on
the occasion o$ the robber!, a## those who too2 "art as "rinci"a#s in the robber!
wi## a#so be he# %ui#t! as "rinci"a#s o$ robber! with homicie a#thou%h the! i not
ta2e "art in the homicie, un#ess it a""ears that the! eneavore to "revent the
homicie.
44
M90N
(n this case, the "rosecution "rove be!on reasonab#e oubt that =uan an
*ictor cons"ire an con$abu#ate to%ether in robbin% the "assen%ers o$ the 'ive
)tar ,us o$ their mone! an va#uab#es an Romu#o o$ his co##ections o$ the $ares
o$ the "assen%ers an in 2i##in% )561 -anio, =r. with im"unit! on the occasion o$
the robber!. +ence, both =uan an *ictor are %ui#t! as "rinci"a#s b! irect
"artici"ation o$ the $e#on! o$ robber! with homicie uner "ara%ra"h 1, 3rtic#e 294
o$ the Revise 5ena# &oe, as amene b! R.3. ;:99, "unishab#e b! reclusion
perpetua to eath.
The 5ro"er 5ena#t!
The tria# court im"ose the su"reme "ena#t! o$ eath on =uan an *ictor $or
robber! with homicie, e$ine in 3rtic#e 294, "ara%ra"h 1 o$ the Revise 5ena#
&oe, "unishab#e with reclusion perpetua. Ener 3rtic#e :4, "ara%ra"h 1 o$ the
Revise 5ena# &oe, the $e#ons shou# be mete the su"reme "ena#t! o$ eath
when the crime is committe with an a%%ravatin% circumstance attenant in the
commission o$ the crime absent an! miti%atin% circumstance. The tria# court i
not s"eci$! in the ecreta# "ortion o$ its ecision the a%%ravatin% circumstances
attenant in the commission o$ the crime manatin% the im"osition o$ the eath
"ena#t!. +owever, it is evient $rom the $inin%s o$ $acts containe in the bo! o$
the ecision o$ the tria# court that it im"ose the eath "ena#t! on =uan an *ictor
on its $inin% that the! shot )561 -anio, =r. treacherous#! on the occasion o$ or
b! reason o$ the robber!B
///
The two ?2@ accuse are incom"arab#e in their ruth#essness an base re%ar $or
human #i$e. 3$ter stri""in% the "assen%ers o$ their mone! an va#uab#es, inc#uin%
the $irearm o$ the victim, the! came to ecie to e/ecute the #atter seemin%#!
because he was a "o#ice o$$icer. The! #ost no time "ouncin% him at the rear
section o$ the bus, aime their $irearms at him an, in a erisive an humi#iatin%
tone, to# him, be$ore "u##in% the tri%%er, that the! were rather sorr! but the! are
%oin% to 2i## him with his own %un8 an therea$ter, the! simu#taneous#! $ire "oint
b#an2 at the ha"#ess "o#iceman who was "ractica##! on his 2nees be%%in% $or his
#i$e. 3$terwhich, the! ca#m#! "ositione themse#ves at the $ront boastin% $or a## to
hear, that 2i##in% a man is #i2e 2i##in% a chic2en ?F5aran% "uma"ata! n% mano2G@.
7scote, in "articu#ar, is a c#ass b! himse#$ in ca##ousness. ///.
49
M91N
43
44
45
46
The &ourt a%rees with the tria# court that treacher! was attenant in the
commission o$ the crime. There is treacher! when the $o##owin% essentia#
e#ements are "resent, vi7B ?a@ at the time o$ the attac2, the victim was not in a
"osition to e$en himse#$8 an ?b@ the accuse conscious#! an e#iberate#!
ao"te the "articu#ar means, methos or $orms o$ attac2 em"#o!e b! him.
4:
M92N
The essence o$ treacher! is the suen an une/"ecte attac2 b! an a%%ressor
on the unsus"ectin% victim, e"rivin% the #atter o$ an! chance to e$en himse#$
an thereb! ensurin% its commission without ris2 o$ himse#$. Treacher! ma! a#so
be a""reciate even i$ the victim was warne o$ the an%er to his #i$e where he
was e$ense#ess an unab#e to $#ee at the time o$ the in$#iction o$ the coup de
grace.
4;
M94N (n the case at bar, the victim su$$ere si/ wouns, one on the mouth,
another on the ri%ht ear, one on the shou#er, another on the ri%ht breast, one on
the u""er ri%ht cornea o$ the sternum an one above the ri%ht i#iac crest. =uan
an *ictor were arme with han%uns. The! $irst isarme )561 -anio, =r. an
then shot him even as he "#eae $or ear #i$e. 0hen the victim was shot, he was
e$ense#ess. +e was shot at c#ose ran%e, thus insurin% his eath. The victim was
on his wa! to re.oin his $ami#! a$ter a har a!1s wor2. (nstea, he was
merci#ess#! shot to eath, #eavin% his $ami#! in %rie$ $or his untime#! emise. The
2i##in% is a %rim e/am"#e o$ the utter inhumanit! o$ man to his $e##owmen.
The issues that now come to $ore are ?1@ whether or not treacher! is a %eneric
a%%ravatin% circumstance in robber! with homicie8 an i$ in the a$$irmative, ?b@
whether treacher! ma! be a""reciate a%ainst =uan an *ictor. 6n the $irst
issue, we ru#e in the a$$irmative. This &ourt has ru#e over the !ears
48
M94N that
treacher! is a %eneric a%%ravatin% circumstance in the $e#on! o$ robber! with
homicie, a s"ecia# com"#e/ crime ?un delito especial complejo@ an at the same
time a sin%#e an inivisib#e o$$ense ?uno solo indivisible@.
49
M99N +owever, this
&ourt in two cases has he# that robber! with homicie is a crime a%ainst "ro"ert!
an hence treacher! which is a""reciate on#! to crimes a%ainst "ersons shou#
not be a""reciate as a %eneric a%%ravatin% circumstance.
90
M9:N (t he# in another
case that treacher! is not a""reciate in robber! with ra"e "recise#! because
robber! with ra"e is a crime a%ainst "ro"ert!.
91
M9;N These ru#in%s o$ the &ourt $in
su""ort in case #aw that in robber! with homicie or robber! with ra"e, homicie
or ra"e are mere#! incients o$ the robber!, with robber! bein% the main "ur"ose
an ob.ect o$ the crimina#.
92
M98N (nee, in People vs. Cando,
94
M99N two
istin%uishe members o$ this &ourt avocate a review o$ the octrine that
treacher! is a %eneric a%%ravatin% circumstance in robber! with homicie. The!
o"ine that treacher! is a""#icab#e on#! to crimes a%ainst "ersons. 3$ter a##, in
People vs. *ariquit,
65
=/>? this &ourt in a per curiam ecision "romu#%ate in !ear
2000 ec#are that treacher! is a""#icab#e on#! to crimes a%ainst "ersons.
+owever, this &ourt he# in People vs. Cando that treacher! is a %eneric
a%%ravatin% circumstance in robber! with homicie, citin% its "rior ru#in%s that in
robber! with homicie, treacher! is a %eneric a%%ravatin% circumstance when the
victim o$ homicie is 2i##e with treacher!. This &ourt o"te not to a""#! its ru#in%
ear#ier that !ear in People vs. *ariquit.
Le%a# Luminaries in crimina# #aw an eminent commentators o$ the Revise 5ena#
&oe are not in $u## accor either. &hie$ =ustice Ramon &. 3>uino ?Retire@ sa!s
that treacher! is a""reciate on#! in crimes a%ainst "ersons as e$ine in Tit#e 10,
,oo2 Two o$ the &oe.
99
M:1N &hie$ =ustice Luis ,. Re!es ?Retire@ a#so is o$ the
o"inion that treacher! is a""#icab#e on#! to crimes a%ainst "ersons.
9:
M:2N +owever,
46
47
48
49
50
51
52
53
54
55
56
=ustice '#oren< D. Re%a#ao ?Retire@ is o$ a i$$erent view.
9;
M:4N +e sa!s that
treacher! cannot be consiere in robber! but can be a""reciate inso$ar as the
2i##in% is concerne, citin% the ecisions o$ this &ourt in People vs. *alagtas
98
M:4N
$or the "ur"ose o$ eterminin% the "ena#t! to be mete on the $e#on when the
victim o$ homicie is 2i##e with treacher!.
(t must be reca##e that b! Ro!a# 6rer o$ December 1;, 188: the 1890 5ena#
&oe in $orce in )"ain, as amene b! the Codigo Penal Reformado de 1.@>
was a""#ie in the 5hi#i""ines. The 5ena# &oe o$ 188; in the 5hi#i""ines was
amene b! 3ct 4819, now 2nown as the Revise 5ena# &oe, which was
enacte an "ub#ishe in )"anish. (n construin% the 6# 5ena# &oe an the
Revise 5ena# &oe, this &ourt ha accore res"ect an "ersuasive, i$ not
conc#usive e$$ect to the ecisions o$ the )u"reme &ourt o$ )"ain inter"retin% an
construin% the 1890 5ena# &oe o$ )"ain, as amene b! Codigo Penal
Reformado de 1.@>.
99
M:9N
3rtic#e 14, "ara%ra"h 1: o$ the Revise 5ena# &oe reasB
3RT. 14. &ggravating circumstances. T The $o##owin% are a%%ravatin%
circumstancesB
///
1:. That the act be committe with treacher! ?alevosia@. There is treacher! when
the o$$ener commits an! o$ the crimes a%ainst the "erson, em"#o!in% means,
methos, or $orms in the e/ecution thereo$ which ten irect#! an s"ecia##! to
insure its e/ecution, without ris2 to himse#$ arisin% $rom the e$ense which the
o$$ene "art! mi%ht ma2e.
The #aw was ta2en $rom &ha"ter (*, 3rtic#e 10, "ara%ra"h 2 o$ the 18:0 5ena#
&oe an the Codigo Penal Reformado de 1.@> o$ )"ain which reasB
3rt. 10 ...2. 7.ecutar e# hecho con a#evosia. +a! a#evosia cuano e# cu#"ab#e
comete cua#>uiera e #os e#itos contra las personas em"#eano meios, moos
o $or mas en #a e.ecucion que tiendan irecta ! es"ecia#mente a ase%urar#a sin
ries%o "ara su "ersona, >ue "rocea e #a e$ensa que pudiera hacer el
ofendido. ///
3rtic#e 14, "ara%ra"h 1: o$ the Revise 5ena# &oe is a re"rouction o$ the 1890
5ena# &oe o$ )"ain an the Codigo Penal Reformado de 1.@> with a s#i%ht
i$$erence. (n the #atter #aw, the wors Flas personasG ?the "ersons@ are use,
whereas in 3rtic#e 14, "ara%ra"h :, o$ the Revise 5ena# &oe, the wors Fthe
"ersonG are use.
Goin% b! the #etter o$ the #aw, treacher! is a""#icab#e on#! to crimes a%ainst
"ersons as enumerate in Tit#e 7i%ht, &ha"ters 6ne an Two, ,oo2 (( o$ the
Revise 5ena# &oe. +owever, the )u"reme &ourt o$ )"ain has consistent#!
a""#ie treacher! to robber! with homicie, c#assi$ie as a crime a%ainst "ro"ert!.
&itin% ecisions o$ the )u"reme &ourt o$ )"ain, &ue##o &a#on, a note
commentator o$ the )"anish 5ena# &oe sa!s that es"ite the strict an e/"ress
re$erence o$ the "ena# coe to treacher! bein% a""#icab#e to "ersons, treacher!
a#so a""#ies to other crimes such as robber! with homicieB
:0
M::N
&un cuando el Codigo solo se refiere a los delitos contra las personas$ cabe
estimarla en los que no perteneciendo a este titulo se determinan por muerte o
lesiones$ como$ en el robo con homicidio, ! en e# homiciio e# =e$e e# 7stao
>ue es un e#ito contra #a se%uria interior e# 7stao, ! no obstante #a
re$erencia estricta e# te/to #e%a# a #os e#itos contra #as "ersonas no es #a
a#evosia a"#icab#e a #a ma!oria e e##os, no #o es en e# homiciio, "ues como su
57
58
59
60
47
concurrencia #o cua#i$ica #o trans$orma en e#ito istinto, en asesinato, ni en e#
homiciio consentio ?art. 409@, ni en #a riLa tumu#tuaria ?art. 408@ ni en e#
in$anticiio ?art. 410@. ///.
:1
M:;N
*iaa a#so sa!s that treacher! is a""reciate in crimes a%ainst "ersons ?delitos
contra personas@ an a#so in robber! with homicie ?robo con homicidio@.
:2
M:8N
FContra las personas. - Lue%o #a circunstancia e a#evosia so#o "uee a"reciarse
en #os e#itos "rovistos ese e# art. 41; a# 44;, ! en a#%un otro, como e# e robo
con homicidio, atentario, a #a ve< >ue contra #a "ro"riea, contra #a "ersona.G
Thus, treacher! is a %eneric a%%ravatin% circumstance to robber! with homicie
a#thou%h sai crime is c#assi$ie as a crime a%ainst "ro"ert! an a sin%#e an
inivisib#e crime. Treacher! is not a >ua#i$!in% circumstance because as ru#e b!
the )u"reme &ourt o$ )"ain in its ecision ate )e"tember 11, 18;8, the wor
FhomicieG is use in its broaest an most %eneric sense.
:4
M:9N
3rtic#e :2, "ara%ra"h 1 o$ the Revise 5ena# &oe "rovies that in iminishin% or
increasin% the "ena#t! $or a crime, a%%ravatin% circumstances sha## be ta2en into
account. +owever, a%%ravatin% circumstances which in themse#ves constitute a
crime s"ecia##! "unishab#e b! #aw or which are inc#ue b! the #aw in e$inin% a
crime an "rescribin% a "ena#t! there$or sha## not be ta2en into account $or the
"ur"ose o$ increasin% the "ena#t!.
:4
M;0N Ener "ara%ra"h 2 o$ the #aw, the same
ru#e sha## a""#! with res"ect to an! a%%ravatin% circumstances inherent in the
crime to such a e%ree that it must o$ necessit! accom"an! the commission
thereo$.
1. 3%%ravatin% circumstances which in themse#ves constitute a crime s"ecia##!
"unishab#e b! #aw or which are inc#ue b! the #aw in e$inin% a crime an
"rescribin% the "ena#t! there$or sha## not be ta2en into account $or the "ur"ose o$
increasin% the "ena#t!.
///
2. The same ru#e sha## a""#! with res"ect to an! a%%ravatin% circumstances
inherent in the crime to such a e%ree that it must be o$ necessit! accom"an! the
commission thereo$.
Treacher! is not an e#ement o$ robber! with homicie. Neither oes it constitute a
crime s"ecia##! "unishab#e b! #aw nor is it inc#ue b! the #aw in e$inin% the crime
o$ robber! with homicie an "rescribin% the "ena#t! there$or. Treacher! is
#i2ewise not inherent in the crime o$ robber! with homicie. +ence, treacher!
shou# be consiere as a %eneric a%%ravatin% circumstance in robber! with
homicie $or the im"osition o$ the "ro"er "ena#t! $or the crime.
(n its %entencia ate -arch 14, 18;;, the )u"reme &ourt o$ )"ain ec#are that
treacher! is a %eneric a%%ravatin% circumstance not on#! in crimes a%ainst
"ersons but a#so in robber! with homicie. The hi%h court o$ )"ain a""#ie 3rtic#e
;9 o$ the )"anish 5ena# &oe ?3rtic#e :2 o$ the Revise 5ena# &oe@ an ru#e
that since treacher! is not a constitutive e#ement o$ the crime o$ robber! with
homicie nor is it inherent in sai crime, without which it cannot be committe,
treacher! is an a%%ravatin% circumstance to sai crime. The hi%h court o$ )"ain
was not im"ervious o$ the $act that robber! with homicie is c#assi$ie as a crime
a%ainst "ro"ert!. (nee, it s"eci$ica##! ec#are that the c#assi$ication o$ robber!
with homicie as a crime a%ainst "ro"ert! is irre#evant an inconse>uentia# in the
a""#ication o$ treacher!. (t $urther ec#are that it wou# be $uti#e to ar%ue that in
crimes a%ainst "ro"ert! such as robber! with homicie, treacher! wou# have no
a""#ication. This is so, the hi%h tribuna# ru#e, because #hen robbery is coupled
61
62
63
64
#ith crimes committed against persons$ the crime is not only an assault ?ataca@
on the property of the victims but also of the victims themselves AofendeBB
/// >ue #a circunstancia a%ravante e alevosia ni es constitutiva e# e#ito
com"#e.o e robo ! homiciio, ni e ta# moo inherente >ue sin e##a no "uea
cometerse, sin >ue >ue"a ar%uir >ue en #os e#itos contra #a "ro"iea no ebe
a>ue##a tener a"#icacion, porque cuando estos son complejos de los que se
cometen contra las personas$ no solo se ataca a la propiedad$ sino que se
ofende a estas. ///
:9
M;1N
In fine5 in the a%%lication of treacher! as a generic aggra*ating
circu(stance to ro&&er! 9ith ho(icide5 the la9 loo#s at the constituent
cri(e of ho(icide 9hich is a cri(e against %ersons and not at the
constituent cri(e of ro&&er! 9hich is a cri(e against %ro%ert!. :reacher!
is a%%lied to the constituent cri(e of ;ho(icide< and not to the constituent
cri(e of ;ro&&er!< of the s%ecial co(%le= cri(e of ro&&er! 9ith ho(icide.
:he cri(e of ro&&er! 9ith ho(icide does not lose its classification as a
cri(e against %ro%ert! or as a s%ecial co(%le= and single and indi*isi&le
cri(e si(%l! &ecause treacher! is a%%reciated as a generic aggra*ating
circu(stance. :reacher! (erel! increases the %enalt! for the cri(e
confor(a&l! 9ith Article 10 of the Re*ised Penal Code a&sent an! generic
(itigating circu(stance.
(n its %entencia, ate =u#! 9, 18;;, the hi%h tribuna# o$ )"ain a#so ru#e that
when the victim o$ robber! is 2i##e with treacher!, the sai circumstance shou#
be a""reciate as a %eneric a%%ravatin% circumstance in robber! with homicieB
/// >ue si a"arece "robao >ue e# "rocesao ! su co-reo convinieron en matar a
un conocio su!o, com"aLero e via.e, "ara #o cua# esviaron caute#osamente #os
carros >ue %uiaban, en uno e #os cua#es iba e# inter$ecto, iri%ieno#os "or otro
camino >ue conucia a un a#.ibon, ! a# ##e%ar a este, va#ienose e en%aLo "ara
hacer ba.ar a icho inter$ecto, se #an<aron e im"roviso sobre e#, tirano#o en
tierra, robano#e e# inero, #a manta ! #os ta#e%os >ue ##evaba, ! atano#e a# "ie
una "iera e mucho "eso, #e arro.aron con e##a a icho a#.ibon, aos estos
hechos, no cabe duda que constituyen el delito complejo del art. 61/$ num. )$ con
la circunstancia agravante de alevosia$ puesto que los medios$ forma y modos
empleados en la ejecucion del crimen tendieron directa y especialmente a
asegurarla sin riesgo para sus autores$ procedente de la defensa del ofendido.
::
M;2N
(n sum then, treacher! is a %eneric a%%ravatin% circumstance in robber! with
homicie when the victim o$ homicie is 2i##e b! treacher!.
6n the secon issue, we a#so ru#e in the a$$irmative. 3rtic#e :2, "ara%ra"h 4 o$
the Revise 5ena# &oe which was ta2en $rom 3rtic#e 80 o$ the Codigo Penal
Reformado de 1.@>,
:;
M;4N "rovies that circumstances which consist in the
materia# e/ecution o$ the act, or in the means em"#o!e to accom"#ish it, sha##
serve to a%%ravate or miti%ate the #iabi#it! o$ those "ersons on#! who ha
2now#e%e o$ them at the time o$ the e/ecution o$ the act or their coo"eration
therein. The circumstances attenin% the commission o$ a crime either re#ate to
the "ersons "artici"atin% in the crime or into its manner o$ e/ecution or to the
means em"#o!e. The #atter has a irect bearin% u"on the crimina# #iabi#it! o$ a##
the accuse who have 2now#e%e thereo$ at the time o$ the commission o$ the
crime or o$ their coo"eration thereon.
:8
M;4N 3ccorin%#!, the )"anish )u"reme
&ourt he# in its %entencia ate December 1;, 18;9 that where two or more
"ersons "er"etrate the crime o$ robber! with homicie, the %eneric a%%ravatin%
circumstance o$ treacher! sha## be a""reciate a%ainst a## o$ the $e#ons who ha
2now#e%e o$ the manner o$ the 2i##in% o$ victims o$ homicie, with the ratiocination
thatB
65
66
67
68
48
/// si "or #a Le! basta haberse e.ecutao un homiciio sim"#e con motivo ]
ocasi\n e# robo "ara #a im"osicion e #a "ena e# art. 91:, num. (, no "uee sere
ni aun iscutib#e >ue, concurrieno #a a%ravante e alevosia, se aumente #a
crimina#ia e #os e#incuentes8 sieno a"#icab#e a todos #os autores e# hecho
inivisib#e, "or>ue no es circunstancia >ue a$ecte a #a "ersona#ia e#
e#incuente, e #as >ue hab#a e# art. 80 e# &oi%o "ena# en su "rimera "arte, sino
>ue consiste en #a e.ecusion materia# e# hecho ! en #os meios em"#eaos "ara
##evar#e a cabo, cuano e e##os tuvieron conocimiento toos #os "artici"antes en
e# mismo "or e# concierto "revio ! con #as coniciones estab#ecia en #a
se%una "arte e# citao articu#o.
:9
M;9N
,e that as it ma!, treacher! cannot be a""reciate a%ainst =uan an *ictor in the
case at bar because the same was not a##e%e in the (n$ormation as manate b!
)ection 8, Ru#e 110 o$ the Revise Ru#es on &rimina# 5roceures which reasB
%ec. .. Desi%nation o$ the o$$ense. - The com"#aint or in$ormation sha## state the
esi%nation o$ the o$$ense %iven b! the statute, aver the acts or omissions
constitutin% the o$$ense an s"eci$! its >ua#i$!in% an a%%ravatin% circumstances.
($ there is no esi%nation o$ the o$$ense, re$erence sha## be mae to the section or
subsection o$ the statute "unishin% it.
3#thou%h at the time the crime was committe, %eneric a%%ravatin% circumstance
nee not be a##e%e in the (n$ormation, however, the %enera# ru#e ha been
a""#ie retroactive#! because i$ it is more $avorab#e to the accuse.
;0
M;:N 7ven i$
treacher! is "roven but it is not a##e%e in the in$ormation, treacher! cannot
a%%ravate the "ena#t! $or the crime.
There bein% no moi$!in% circumstances in the commission o$ the $e#on! o$
robber! with homicie, =uan an *ictor shou# each be mete the "ena#t! o$
reclusion perpetua con$ormab#! with 3rtic#e :4 o$ the Revise 5ena# &oe.
&ivi# Liabi#it! o$ =uan an *ictor
The tria# court aware the tota# amount o$ 5400,000.00 to the heirs o$ )561
-anio, =r. The court i not s"eci$! whether the sai amounts inc#ue civi#
inemnit! $or the eath o$ the victim, mora# ama%es an the #ost earnin%s o$ the
victim as a "o#ice o$$icer o$ the 5N5. The &ourt sha## thus moi$! the awars
%rante b! the tria# court.
)ince the "ena#t! im"ose on =uan an *ictor is reclusion perpetua, the heirs o$
the victim are entit#e to civi# inemnit! in the amount o$ 590,000.00. The heirs
are a#so entit#e to mora# ama%es in the amount o$ 590,000.00, Rosemarie
-anio havin% testi$ie on the $actua# basis thereo$.
;1
M;;N &onsierin% that
treacher! a%%ravate the crime, the heirs are a#so entit#e to e/em"#ar! ama%es
in the amount o$ 529,000.00. This &ourt he# in People vs. Catubig
;2
M;8N that the
retroactive a""#ication o$ )ection 8, Ru#e 110 o$ the Revise Ru#es o$ &rimina#
5roceure shou# not im"air the ri%ht o$ the heirs to e/em"#ar! ama%es which
ha a#rea! accrue when the crime was committe "rior to the e$$ectivit! o$ the
sai ru#e. =uan an *ictor are a#so .oint#! an severa##! #iab#e to the sai heirs in
the tota# amount o$ 540,000.00 as actua# ama%es, the "rosecution havin%
auce evience recei"ts $or sai amounts. The heirs are not entit#e to
e/"enses a##e%e#! incurre b! them urin% the wa2e as such e/"enses are not
su""orte b! recei"ts.
;4
M;9N +owever, in #ieu thereo$, the heirs are entit#e to
tem"erate ama%es in the amount o$ 520,000.00.
;4
M80N The service $irearm o$ the
victim was turne over to the 7vience &ustoian o$ the &a#oocan &it! 5o#ice
)tation "er orer o$ the tria# court on 6ctober 22, 199;.
;9
M81N The "rosecution
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71
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73
74
75
$ai#e to auce ocumentar! evience to "rove the c#aim o$ 'ive )tar ,us, (nc. in
the amount o$ 5:,000.00. +ence, the awar shou# be e#ete. +owever, in #ieu
o$ actua# ama%es, the bus com"an! is entit#e to tem"erate ama%es in the
amount o$ 54,000.00.
;:
M82N
The heirs are #i2ewise entit#e to ama%es $or the #ost earnin%s o$ the victim. The
evience on recor shows that )561 -anio, =r. was born on 3u%ust 29, 1998.
+e was 2i##e on )e"tember 28, 199: at the a%e o$ 48. +e ha a %ross month#!
sa#ar! as a member o$ the 5hi#i""ine Nationa# 5o#ice o$ 58,0:9.00 or a %ross
annua# sa#ar! o$ 59:,;80.00. +ence, the heirs are entit#e to the amount o$
51,494,920.00 b! wa! o$ #ost earnin%s o$ the victim com"ute, thusB
IN LIGHT O. ALL THE .OREGOING, the Decision o$ the Re%iona# Tria# &ourt o$
,u#acan is hereb! 3''(R-7D with -6D('(&3T(6N). 3ccuse-a""e##ants =uan
Gon<a#es 7scote, =r. an *ictor 3cu!an are hereb! $oun %ui#t! be!on
reasonab#e oubt o$ the $e#on! o$ robber! with homicie e$ine in 3rtic#e 294,
"ara%ra"h 1 o$ the Revise 5ena# &oe an, there bein% no moi$!in%
circumstances in the commission o$ the $e#on!, hereb! metes on each o$ them the
"ena#t! o$ RCCL0%)9( PCRPCT0&. )ai accuse-a""e##ants are hereb!
orere to "a! .oint#! an severa##! the heirs o$ the victim )561 =ose &. -anio,
=r. the amounts o$ 590,000.00 as civi# inemnit!, 590,000.00 as mora# ama%es,
51,449,920.00 $or #ost earnin%s, 540,000.00 as actua# ama%es an 529,000.00
as e/em"#ar! ama%es. The awar o$ 5:,000.00 to the 'ive )tar ,us, (nc. is
e#ete. +owever, the sai cor"oration is aware the amount o$ 54,000.00 as
tem"erate ama%es.
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49