PEOPLE VS. ESTONILLO, SR.
He stopped and saw 4 persons holding short firearms:
FACTS:
- The prosecution presented 9 witnesses. The following
are their testimonies:
(1) FELIX - son of Floro. on April 4, 2005, day before
Floro (his father) was gunned down, Felix and Floro went
to Ranio's house to see Mayor Carlos Sr.
He was summoned by Mayor Carlos because in a program
of a celebration the Federation of 7th Day Adventist, the
names of the governor, congressman, and Placer
Mayoralty Candidate Vicente Cotero were there. Mayor
Carlos' name was not mentioned. Floro contended that
Cotero paid for the program and this angered Mayor
Carlos.
Prior to April 4, 2005, Felix recounted that on he had a
drinking spree with Nonoy's group in a videoke bar.
Afterwards, Edel brought them to the house of Bobong.
Thereat, Rey uttered that Felix's father, a District
Supervisor, has a big role in COMELEC's choice for the
members of the Board of Election Inspectors.
(2) DR. FRANCISCO - he conducted the Post Mortem
Examination on the dead body of Floro. He was also the
one who prepared the Certificate of Death. He also
recovered three slugs.
He added that Floro sustained gunshot wounds caused by
more than 1 firearm based on the sizes of the slugs
recovered and that some of them were fired at close range.
(3) SPO4 LEPATAN - he prepared the Police Report
relative to the police blotter for the shooting incident that
happened at Celera Elementary School.
(4) SERAPION - he testified that while he was printing
the name of Municipal Mayor Candidate Boy Dela Pisa
on the street facing the Celera Elementary School, he
heard gunshot wounds coming from the compound of the
school.
After 2-3 minutes, he saw more or less six persons coming
out of the school. He was able to identify three of them as
Edel, Nonoy, and Nonong.
The 6 men approached Mayor Carlos, Sr's vehicle and he
heard Nonoy said "mission accomplished sir" to Mayor
Carlos. They all left the area.
(5) ANTIPOLO - he heard gunshot wounds while riding
his motorcycle and passing the gate of the school and
someone shouted that Floro was shot.
Nonoy and Negro are the two who fired at Floro about
seven times, while Edel and Nonong are the other two gun
holders.
Gali, another member of the group, shouted "enough,"
and he was with Ace, Titing and Bulldog. After shouting,
they hurriedly left.
Mayor Carlos' vehicle arrived where Rey alighted from
and, with Negro, they watched the proceedings. Mayor
Carlos asked them to leave and they all left.
(6) ELSA - wife of Floro.let it go let it go cant hold it back
anymore charot hahahaha. She testified on the probable
motive of the killing of Floro. She said that there were
people who were jealous of Floro's position because he
could bring voters to his side during election time.
Placer mayoralty candidate Cotero donated medals in the
school. Donor's name was announced in the closing
ceremony and this angered Mayor Carlos.
When Floro was processig a voucher to be signed by
Mayor Carlos, Mayor Carlos did not sign it and even
threw the vouched on the floor. Diego Cases only helped
Floro secure Mayor's signature.
(7) DIEGO - he corroborated Elsa's testimony about the
signature of the voucher.
(8) ROSALINDA - Mayor Carlos went to her house and
told her that he would kill her husband (Cotero) following
Floro. She reported the incident to Cotero and to the
Placer Police Station.
(9) SERVANDO - he testified that when he was in the
house of Mayor Carlos, he heard Mayor's group planned
to kill Floro at Celera Elementary School.
However, Servando filed an Affidavit of Retraction
withdrawing his Sinumpaang Salaysay relative to the
incident involving the death of Floro. But after redirect
examination, he testified that he was brought to Atty.
Besario who asked him to signed the Affidavit of
Retraction, which he did not understand as it was written
in English.
- DEFENSE: the posited alibi and denial.
- SUM OF PROSECUTION'S TESTIMONY: There
were 9 witnesses presented. The testimonies of Serapion
and Antipolo were given credence by the court since it
corroborated each other. They were able to identify the
accused especially those who gunned down Floro. The
accused's defense of alibi and denial did not withstand the
positive identification of the prosecution witnesses.
- CRIME CHARGED: Murder with Direct Assault - Moreover, when the assault results in the killing of that
against: agent or of a person in authority for that matter, there
arises the complex crime of direct assault with murder or
1. Nonoy -at large
homicide.
2. Titing -at large
- (1) Rey, (2) Edel, (3) Nonong, and (4) Bulldog are
3. Gali -at large convicted of the crime of murder with direct assault; while
Ex Mayor Carlos Sr died in the New Bilibid Prison
4. Negro -separate trial is necessary
5. Ex Mayor Carlos Sr
6. Mayor Rey
7. Edel
8. Nonong
9. Bulldog
- RTC RULING: guilty as charged. Convicted
- CA RULING: guilty. Affirmed RTC's ruling
SC RULING:
- Affirmed the lower court's decision. Convicted of
Murder with Direct Assault.
- There are two modes of committing direct assault under
Art.148. Accused-appellants committed the second form
of assault. The elements are:
1. The offender makes an attack, employs force, makes
serious intimidation or serious resistance
2. Assault is against a person in authority or an agent of a
person in authority
3. At the time of the assault, the person in authority was
performing his duties or on the occasion of such
performance
4. The accused knew that the victim is a person in
authority or his agent, that is, that the accused must have
the intention to offend, injure, or assault the offended
party as a person in authority or an agent of a person in
authority.
- In the case at bar, Floro was the duly appointed District
Supervisor of Public Schools in Placer, Masbate, thus was
a person in authority. But contrary to the statement of the
RTC that there was a direct assault just because Floro was
a person in authority, this Court clarifies that the finding
of direct assault is based on the fact that the attack or
assault on Floro was, in reality, made by reason of the
performance of his duty as the District Supervisor.