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    People vs Caling

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    171 views2 pages

    People Vs Caling

    Uploaded by

    Vida Marie
    Case

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    People vs.

    Caling

    FACTS:

    Emerchon Pua, a truck driver, was drinking alcohol in front of his house, together with
    Marcelino Alindayu, and four others. Emerchon's brother, Raymundo Pua, was also
    there. Another truck driver, Angelito Caling, arrived at the place, driving his own
    vehicle. Caling's truck could not pass the road because two of Emerchon's own trucks,
    were blocking the way. Caling asked Emerchon to move his trucks, but the latter said,
    "Sorry, the truck won't start." Caling then roughly backed up his truck and took
    another road to his employer's residence.

    Not long afterwards, Caling heard one of Emerchon's trucks being started. Believing
    they had been lied to and unnecessarily inconvenienced, Caling and Felino Neri
    decided to confront Emerchon. Neri had with him an M-14 rifle.

    Emerchon replied that the truck really would not start earlier. Caling tried to grab the
    key or the steering wheel from Emerchon. But after a short while Caling was pulled
    down from the truck Raymundo Pua, and some of those who had been drinking with
    Emerchon. Two shots were heard from the rear of the truck, after which Caling's
    companion, Felino Neri, ran towards Emerchon stating that he had a rifle. Caling
    allegedly told Neri, "Banatan mo na, pare." Neri then fired at Emerchon, hitting him
    below the chest, on the left side of the abdomen. Emerchon Pua started to fall. His
    brother, rushed him to the Isabela Provincial Hospital at Ilagan, Isabela. He died from
    the bullet wounds inflicted on him, numbering two, according to the physician who
    conducted the post-mortem examination.

    The Provincial Fiscal filed with the Regional Trial Court at Ilagan, Isabela, an
    information charging Caling and Neri with "qualified illegal possession of firearm used
    in murder" under Republic Act No. 1866.

    Only Caling was arraigned and stood trial. Felino Neri eluded arrest and, as far as the
    record shows, has not been apprehended.

    ISSUE: Whether or not Caling should be acquitted.


    RULING:

    Since in the present state of the evidence it is not rationally possible to make a
    conclusion that the M-14 rifle in question was unlawfully possessed and,
    consequently, it is not legally possible to pronounce a verdict of conviction under PD
    1866 against either Caling or Neri, and it appearing that neither of them is charged
    with homicide or murder under the criminal code, it is therefore useless to inquire
    into the issue of whether or not Caling is culpable, as co-principal or otherwise, in
    Neri's act of homicide or murder, as the case may be, on the basis of Caling's
    purported statement to Neri, "Banatan mo na, pare," and the other acts shown to
    have been done by him on the occasion of the killing.

    Whether or not, as the Solicitor General intimates, a charge of homicide or murder


    lies against either Caling — or his companion, Felino Neri, who is at large — is a
    question that the Court will not answer at this time.

    WHEREFORE, the judgment of the Regional Trial Court at Ilagan, Isabela (Branch 18) in
    Criminal Case No. 1202, dated June 28, 1990, is REVERSED and SET ASIDE, and the
    accused-appellant, Angelito Caling @ Lito, is ACQUITTED

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