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167261-2012-Yapyuco - y - Enriquez - v. - Sandiganbayan20210424-14-Umub2a
167261-2012-Yapyuco - y - Enriquez - v. - Sandiganbayan20210424-14-Umub2a
167261-2012-Yapyuco - y - Enriquez - v. - Sandiganbayan20210424-14-Umub2a
DECISION
PERALTA, * J : p
Law enforcers thrust their lives in unimaginable zones of peril. Yet resort
to wanton violence is never justified when their duty could be performed
otherwise. A "shoot first, think later" disposition occupies no decent place in a
civilized society. Never has homicide or murder been a function of law
enforcement. The public peace is never predicated on the cost of human life.
These are petitions for review on certiorari under Rule 45 of the Rules of
Court assailing the June 30, 1995 Decision 1 of the Sandiganbayan in Criminal
Case Nos. 16612, 16613 and 16614 — cases for murder, frustrated murder and
multiple counts of attempted murder, respectively. The cases are predicated on
a shooting incident on April 5, 1988 in Barangay Quebiawan, San Fernando,
Pampanga which caused the death of Leodevince Licup (Licup) and injured Noel
Villanueva (Villanueva). Accused were petitioners Salvador Yapyuco, Jr.
(Yapyuco) and Generoso Cunanan, Jr. (Cunanan) and Ernesto Puno (Puno) who
were members of the Integrated National Police (INP) 2 stationed at the
Sindalan Substation in San Fernando, Pampanga; Jose Pamintuan (Pamintuan)
and Mario Reyes, who were barangay captains of Quebiawan and Del Carmen,
respectively; Ernesto Puno, Andres Reyes and Virgilio Manguerra (Manguerra),
Carlos David, Ruben Lugtu, Moises Lacson (Lacson), Renato Yu, Jaime Pabalan
(Pabalan) and Carlos David (David), who were either members of the Civil Home
Defense Force (CHDF) or civilian volunteer officers in Barangays Quebiawan,
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Del Carmen and Telebastagan. They were all charged with murder, multiple
attempted murder and frustrated murder in three Informations, the inculpatory
portions of which read: cSICHD
CONTRARY TO LAW. 3
CONTRARY TO LAW. 4
Both Flores and Villanueva, contrary to what the defense would claim,
allegedly did not see any one on the road flag them down. 18 In open court,
Flores executed a sketch 19 depicting the relative location of the Tamaraw
jeepney on the road, the residence of Salangsang where they had come from
and the house situated on the right side of the road right after the curve where
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the jeepney had taken a left turn; he identified said house to be that of a
certain Lenlen Naron where the gunmen allegedly took post and opened fire at
him and his companions. He could not tell how many firearms were used. He
recounted that after the shooting, he, unaware that Licup and Villanueva were
wounded, jumped out of the jeepney when he saw from behind them
Pamintuan emerging from the yard of Naron's house. Frantic and shaken, he
instantaneously introduced himself and his companions to be employees of San
Miguel Corporation but instead, Pamintuan reproved them for not stopping
when flagged. At this point, he was distracted when Villanueva cried out and
told him to summon Salangsang for help as he (Villanueva) and Licup were
wounded. He dashed back to Salangsang's house as instructed and, returning
to the scene, he observed that petitioner Yu was also there, and Villanueva and
Licup were being loaded into a Sarao jeepney to be taken to the hospital. 20
This was corroborated by Villanueva who stated that as soon as the firing had
ceased, two armed men, together with Pamintuan, approached them and
transferred him and Licup to another jeepney and taken to the nearby St.
Francis Hospital. 21
Flores remembered that there were two sudden bursts of gunfire which
very rapidly succeeded each other, and that they were given no warning shot
at all contrary to what the defense would say. 22 He professed that he, together
with his co-passengers, were also aboard the Sarao jeepney on its way to the
hospital and inside it he observed two men, each holding long firearms, seated
beside the driver. He continued that as soon as he and his companions had
been dropped off at the hospital, the driver of the Sarao jeepney immediately
drove off together with his two armed companions. 23 He further narrated that
the day after the shooting, he brought Licup to the Makati Medical Center
where the latter expired on April 7, 1988. 24 He claimed that all the accused in
the case had not been known to him prior to the incident, except for Pamintuan
whom he identified to be his wife's uncle and with whom he denied having had
any rift nor with the other accused for that matter, which would have otherwise
inspired ill motives. 25 He claimed the bullet holes on the Tamaraw jeepney
were on the passenger side and that there were no other bullet holes at the
back or in any other portion of the vehicle. 26
DAaIHT
Dr. Pedro Solis, Jr., medico-legal consultant at the Makati Medical Center,
examined the injuries of Villanueva and Licup on April 6, 1988. He recovered
multiple metal shrapnel from the occipital region of Villanueva's head as well as
from the posterior aspect of his chest; he noted nothing serious in these
wounds in that the incapacity would last between 10 and 30 days only. He also
located a bullet wound on the front lateral portion of the right thigh, and he
theorized that this wound would be caused by a firearm discharged in front of
the victim, assuming the assailant and the victim were both standing upright on
the ground and the firearm was fired from the level of the assailant's waist; but
if the victim was seated, the position of his thigh must be horizontal so that
with the shot coming from his front, the trajectory of the bullet would be
upward. He hypothesized that if the shot would come behind Villanueva, the
bullet would enter the thigh of the seated victim and exit at a lower level. 32
With respect to Licup, Dr. Solis declared he was still alive when examined.
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On the patient, he noted a lacerated wound at the right temporal region of the
head — one consistent with being hit by a hard and blunt object and not a
bullet. He noted three (3) gunshot wounds the locations of which suggested
that Licup was upright when fired upon from the front: one is a through-and-
through wound in the middle lateral aspect of the middle portion of the right
leg; another, through-and-through wound at the middle portion of the right
forearm; and third one, a wound in the abdomen which critically and fatally
involved the stomach and the intestines. He hypothesized that if Licup was
seated in the passenger seat as claimed, his right leg must have been exposed
and the assailant must have been in front of him holding the gun slightly higher
than the level of the bullet entry in the leg. He found that the wound in the
abdomen had entered from the left side and crossed over to and exited at the
right, which suggested that the gunman must have been positioned at Licup's
left side. He explained that if this wound had been inflicted ahead of that in the
forearm, then the former must have been fired after Licup had changed his
position as a reaction to the first bullet that hit him. He said that the wound on
the leg must have been caused by a bullet fired at the victim's back and hit the
jeepney at a downward angle without hitting any hard surface prior. 33
Dr. Solis believed that the wound on Licup's right forearm must have been
caused by a bullet fired from the front but slightly obliquely to the right of the
victim. Hypothesizing, he held the improbability of Licup being hit on the
abdomen, considering that he might have changed position following the
infliction of the other wounds, unless there was more than one assailant who
fired multiple shots from either side of the Tamaraw jeepney; however, he
proceeded to rule out the possibility of Licup having changed position especially
if the gunfire was delivered very rapidly. He could not tell which of Licup's three
wounds was first inflicted, yet it could be that the bullet to the abdomen was
delivered ahead of the others because it would have caused Licup to lean
forward and stoop down with his head lying low and steady. 34
Of all the accused, only Yapyuco took the stand for the defense. He
identified himself as the commander of the Sindalan Police Substation in San
Fernando, Pampanga and the superior officer of petitioners Cunanan and Puno
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and of the accused Yu whose jurisdiction included Barangays Quebiawan and
Telebastagan. He narrated that in the afternoon of April 5, 1988, he and his
men were investigating a physical injuries case when Yu suddenly received a
summon for police assistance from David, who supposedly was instructed by
Pamintuan, concerning a reported presence of armed NPA members in
Quebiawan. Yapyuco allegedly called on their main station in San Fernando for
reinforcement but at the time no additional men could be dispatched. Hence,
he decided to respond and instructed his men to put on their uniforms and
bring their M-16 rifles with them. 37
Yapyuco continued that at the place appointed, he and his group met with
Pamintuan who told him that he had earlier spotted four (4) men carrying long
firearms. As if sizing up their collective strength, Pamintuan allegedly intimated
that he and barangay captain Mario Reyes of nearby Del Carmen had also
brought in a number of armed men and that there were likewise Cafgu
members convened at the residence of Naron. Moments later, Pamintuan
announced the approach of his suspects, hence Yapyuco, Cunanan and Puno
took post in the middle of the road at the curve where the Tamaraw jeepney
conveying the victims would make an inevitable turn. As the jeepney came
much closer, Pamintuan announced that it was the target vehicle, so he, with
Cunanan and Puno behind him, allegedly flagged it down and signaled for it to
stop. He claimed that instead of stopping, the jeepney accelerated and swerved
to its left. This allegedly inspired him, and his fellow police officers Cunanan
and Puno, 38 to fire warning shots but the jeepney continued pacing forward,
hence they were impelled to fire at the tires thereof and instantaneously,
gunshots allegedly came bursting from the direction of Naron's house directly
at the subject jeepney. 39
Yapyuco recalled that one of the occupants of the jeepney then alighted
and exclaimed at Pamintuan that they were San Miguel Corporation employees.
Holding their fire, Yapyuco and his men then immediately searched the vehicle
but found no firearms but instead, two injured passengers whom they loaded
into his jeepney and delivered to nearby St. Francis Hospital. From there he and
his men returned to the scene supposedly to investigate and look for the people
who fired directly at the jeepney. They found no one; the Tamaraw jeepney was
likewise gone. 40
Yapyuco explained that the peace and order situation in Barangay
Quebiawan at the time was in bad shape, as in fact there were several law
enforcement officers in the area who had been ambushed supposedly by rebel
elements, 41 and that he frequently patrolled the barangay on account of
reported sightings of unidentified armed men therein. 42 That night, he said, his
group which responded to the scene were twelve (12) in all, comprised of
Cunanan and Puno from the Sindalan Police Substation, 43 the team composed
of Pamintuan and his men, as well as the team headed by Captain Mario Reyes.
He admitted that all of them, including himself, were armed. 44 He denied that
they had committed an ambuscade because otherwise, all the occupants of the
Tamaraw jeepney would have been killed. 45 He said that the shots which
directly hit the passenger door of the jeepney did not come from him or from
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his fellow police officers but rather from Cafgu members assembled in the
residence of Naron, inasmuch as said shots were fired only when the jeepney
had gone past the spot on the road where they were assembled. 46 HTCSDE
The Sandiganbayan reduced the basic issue to whether the accused had
acted in the regular and lawful performance of their duties in the maintenance
of peace and order either as barangay officials and as members of the police
and the CHDF, and hence, could take shelter in the justifying circumstance
provided in Article 11 (5) of the Revised Penal Code; or whether they had
deliberately ambushed the victims with the intent of killing them. 52 With the
evidence in hand, it found Yapyuco, Cunanan, Puno, Manguera and Mario and
Andres Reyes guilty as co-principals in the separate offense of homicide for the
eventual death of Licup (instead of murder as charged in Criminal Case No.
16612) and of attempted homicide for the injury sustained by Villanueva
(instead of frustrated murder as charged in Criminal Case No. 16614), and
acquitted the rest in those cases. It acquitted all of them of attempted murder
charged in Criminal Case No. 16613 in respect of Flores, Panlican, De Vera and
Calma. The dispositive portion of the June 30, 1995 Joint Decision reads: ScaEIT
SO ORDERED. 53
the execution of their evil plan without risk to themselves, demonstrate a clear
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intent to kill the occupants of the subject vehicle; that the fact they had by
collective action deliberately and consciously intended to inflict harm and injury
and had voluntarily performed those acts negates their defense of lawful
performance of official duty; 55 that the theory of mistaken belief could not
likewise benefit petitioners because there was supposedly no showing that they
had sufficient basis or probable cause to rely fully on Pamintuan's report that
the victims were armed NPA members, and they have not been able by
evidence to preclude ulterior motives or gross inexcusable negligence when
they acted as they did; 56 that there was insufficient or total absence of factual
basis to assume that the occupants of the jeepney were members of the NPA or
criminals for that matter; and that the shooting incident could not have been
the product of a well-planned and well-coordinated police operation but was the
result of either a hidden agenda concocted by Barangay Captains Mario Reyes
and Pamintuan, or a hasty and amateurish attempt to gain commendation. 57
These findings obtain context principally from the open court statements
of prosecution witnesses Villanueva, Flores and Salangsang, particularly on the
circumstances prior to the subject incident. The Sandiganbayan pointed out
that the Tamaraw jeepney would have indeed stopped if it had truly been
flagged down as claimed by Yapyuco especially since — as it turned out after
the search of the vehicle — they had no firearms with them, and hence, they
had nothing to be scared of. 58 It observed that while Salangsang and Flores
had been bona fide residents of Barangay Quebiawan, then it would be
impossible for Pamintuan, barangay captain no less, not to have known them
and the location of their houses which were not far from the scene of the
incident; so much so that the presence of the victims and of the Tamaraw
jeepney in Salangsang's house that evening could not have possibly escaped
his notice. In this regard, it noted that Pamintuan's Sworn Statement dated April
11, 1988 did not sufficiently explain his suspicions as to the identities of the
victims as well as his apparent certainty on the identity and whereabouts of the
subject Tamaraw jeepney. 59 It surmised how the defense, especially Yapyuco
in his testimony, could have failed to explain why a large group of armed men
— which allegedly included Cafgu members from neighboring barangays —
were assembled at the house of Naron that night, and how petitioners were
able to identify the Tamaraw jeepney to be the target vehicle. From this, it
inferred that petitioners had already known that their suspect vehicle would be
coming from the direction of Salangsang's house — such knowledge is
supposedly evident first, in the manner by which they advantageously
positioned themselves at the scene to afford a direct line of fire at the target
vehicle, and second, in the fact that the house of Naron, the neighboring
houses and the electric post referred to by prosecution witnesses were
deliberately not lit that night. 60SDTcAH
In G.R. No. 122677, petitioners Manguerra, Mario Reyes and Andres Reyes
claim that the Sandiganbayan has not proved their guilt beyond reasonable
doubt, and the assailed decision was based on acts the evidence for which has
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been adduced at a separate trial but erroneously attributed to them. They
explain that there were two sets of accused, in the case: one, the police officers
comprised of Yapyuco, Cunanan and Puno and, two, the barangay officials and
CHDFs comprised of David, Lugtu, Lacson, Yu and themselves who had waived
the presentation of evidence. They question their conviction of the charges vis-
a-vis the acquittal of David, Lugtu, Lacson and Yu who, like them, were
barangay officials and had waived their right to present evidence in their
behalf. They emphasize in this regard that all accused barangay officials and
CHDFs did not participate in the presentation of the evidence by the accused
police officers and, hence, the finding that they too had fired upon the Tamaraw
jeepney is hardly based on an established fact. 77 Also, they believe that the
findings of fact by the Sandiganbayan were based on inadmissible evidence,
specifically on evidence rejected by the court itself and those presented in a
separate trial. They label the assailed decision to be speculative, conjectural
and suspicious and, hence, antithetical to the quantum of evidence required in
a criminal prosecution. 78 Finally, they lament that the finding of conspiracy has
no basis in evidence and that the prosecution has not even shown that they
were with the other accused at the scene of the incident or that they were
among those who fired at the victims, and neither were they identified as
among the perpetrators of the crime. 79
In G.R. No. 122776, Cunanan and Puno likewise dispute the finding of
conspiracy. They claim that judging by the uncertainty in the conclusion of the
Sandiganbayan as to whether the incident was the result of a legitimate police
operation or a careless plot designed by the accused to obtain commendation,
conspiracy has not been proved beyond reasonable doubt. This, because they
believe the prosecution has not, as far as both of them are concerned, shown
that they had ever been part of such malicious design to commit an ambuscade
as that alluded to in the assailed decision. They advance that as police officers,
they merely followed orders from their commander, Yapyuco, but were not
privy to the conversation among the latter, David and Pamintuan, moments
before the shooting. They posit they could hardly be assumed to have had
community of criminal design with the rest of the accused. 80 They affirm
Yapyuco's statement that they fired warning shots at the subject jeepney, 81
but only after it had passed the place where they were posted and only after it
failed to stop when flagged down as it then became apparent that it was going
to speed away — as supposedly shown by bullet holes on the chassis and not
on the rear portion of the jeepney. They also harp on the absence of proof of ill
motives that would have otherwise urged them to commit the crimes charged,
especially since none of the victims had been personally or even remotely
known to either of them. That they were not intending to commit a crime is,
they believe, shown by the fact that they did not directly aim their rifles at the
passengers of the jeepney and that in fact, they immediately held their fire
when Flores identified themselves as employees of San Miguel Corporation.
They conceded that if killing was their intent, then they could have easily fired
at the victims directly. 82 CIcTAE
I.
The first duty of the prosecution is not to present the crime but to identify
the criminal. 89 To this end, the prosecution in these cases offered in evidence
the joint counter-affidavit 90 of Andres Reyes and Manguerra; the counter-
affidavit 91 of Mario Reyes; the joint counter-affidavit 92 of Cunanan and Puno;
the counter-affidavit 93 of Yapyuco; and the joint counter-affidavit 94 of
Yapyuco, Cunanan and Puno executed immediately after the incident in
question. In brief, Cunanan and Puno stated therein that "[their] team was
forced to fire at the said vehicle" when it accelerated after warning shots were
fired in air and when it ignored Yapyuco's signal for it to stop; 95 in their earlier
affidavit they, together with Yapyuco, declared that they were "constrained . . .
to fire directly to (sic) the said fleeing vehicle." 96 Yapyuco's open court
declaration, which was adopted by Cunanan and Puno, is that he twice
discharged his firearm: first, to give warning to the subject jeepney after it
allegedly failed to stop when flagged down and second, at the tires thereof
when it came clear that it was trying to escape. 97 He suggested —
substantiating the implication in his affidavit that it was "the whole team [which
fired] at the fleeing vehicle" 98 — that the bullets which hit the passenger side
of the ill-fated jeepney could have come only from the CHDFs posted inside the
yard of Naron where Manguerra, Mario Reyes and Andres Reyes admitted
having taken post while awaiting the arrival of the suspect vehicle. 99 IcHTCS
Mario Reyes and Andres Reyes, relying on their affidavits, declared that it
was only Manguerra from their group who discharged a firearm but only into
the air to give warning shots, 100 and that it was the "policemen [who] directly
fired upon" the jeepney. 101 Manguerra himself shared this statement. 102 Yet
these accounts do not sit well with the physical evidence found in the bullet
holes on the passenger door of the jeepney which Dabor, in both her report and
testimony, described to have come from bullets sprayed from perpendicular
and oblique directions. This evidence in fact supports Yapyuco's claim that he,
Cunanan and Puno did fire directly at the jeepney after it had made a right turn
and had already moved past them such that the line of fire to the passengers
thereof would be at an oblique angle from behind. It also bolsters his claim
that, almost simultaneously, gunshots came bursting after the jeepney has
passed the spot where he, Cunanan and Puno had taken post, and when the
vehicle was already right in front of the yard of Naron's house sitting on the
right side of the road after the curve and where Manguerra, Mario Reyes and
Andres Reyes were positioned, such that the line of fire would be direct and
perpendicular to it. 103
II.
The availability of the justifying circumstance of fulfillment of duty or
lawful exercise of a right or office under Article 11 (5) of the Revised Penal Code
rests on proof that (a) the accused acted in the performance of his duty or in
the lawful exercise of his right or office, and (b) the injury caused or the offense
committed is the necessary consequence of the due performance of such duty
or the lawful exercise of such right or office. 106 The justification is based on the
complete absence of intent and negligence on the part of the accused,
inasmuch as guilt of a felony connotes that it was committed with criminal
intent or with fault or negligence. 107 Where invoked, this ground for non-
liability amounts to an acknowledgment that the accused has caused the injury
or has committed the offense charged for which, however, he may not be
penalized because the resulting injury or offense is a necessary consequence of
the due performance of his duty or the lawful exercise of his right or office.
Thus, it must be shown that the acts of the accused relative to the crime
charged were indeed lawfully or duly performed; the burden necessarily shifts
on him to prove such hypothesis.
We find that the requisites for justification under Article 11 (5) of the
Revised Penal Code do not obtain in this case.
The undisputed presence of all the accused at the situs of the incident is a
legitimate law enforcement operation. No objection is strong enough to defeat
the claim that all of them — who were either police and barangay officers or
CHDF members tasked with the maintenance of peace and order — were bound
to, as they did, respond to information of a suspected rebel infiltration in the
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locality. Theirs, therefore, is the specific duty to identify the occupants of their
suspect vehicle and search for firearms inside it to validate the information
they had received; they may even effect a bloodless arrest should they find
cause to believe that their suspects had just committed, were committing or
were bound to commit a crime. While, it may certainly be argued that rebellion
is a continuing offense, it is interesting that nothing in the evidence suggests
that the accused were acting under an official order to open fire at or kill the
suspects under any and all circumstances. Even more telling is the absence of
reference to the victims having launched such aggression as would threaten
the safety of any one of the accused, or having exhibited such defiance of
authority that would have instigated the accused, particularly those armed, to
embark on a violent attack with their firearms in self-defense. In fact, no
material evidence was presented at the trial to show that the accused were
placed in real mortal danger in the presence of the victims, except maybe their
bare suspicion that the suspects were armed and were probably prepared to
conduct hostilities.
But whether or not the passengers of the subject jeepney were NPA
members and whether or not they were at the time armed, are immaterial in
the present inquiry inasmuch as they do not stand as accused in the
prosecution at hand. Besides, even assuming that they were as the accused
believed them to be, the actuations of these responding law enforcers must
inevitably be ranged against reasonable expectations that arise in the
legitimate course of performance of policing duties. The rules of engagement,
of which every law enforcer must be thoroughly knowledgeable and for which
he must always exercise the highest caution, do not require that he should
immediately draw or fire his weapon if the person to be accosted does not heed
his call. Pursuit without danger should be his next move, and not vengeance for
personal feelings or a damaged pride. Police work requires nothing more than
the lawful apprehension of suspects, since the completion of the process
pertains to other government officers or agencies. 108 ACcaET
Thus, in People v. Tabag , 115 where members of the Davao CHDF had
killed four members of a family in their home because of suspicions that they
were NPA members, and the accused sought exoneration by invoking among
others the justifying circumstance in Article 11 (5) of the Revised Penal Code,
the Court in dismissing the claim and holding them liable for murder said, thus:
In no way can Sarenas claim the privileges under paragraphs 5
and 6, Article 11 of the Revised Penal Code, for the massacre of the
Magdasals can by no means be considered as done in the fulfillment of
a duty or in the lawful exercise of an office or in obedience to an order
issued by a superior for some lawful purpose. Other than
"suspicion," there is no evidence that Welbino Magdasal, Sr.,
his wife Wendelyn, and their children were members of the
NPA. And even if they were members of the NPA, they were
entitled to due process of law. On that fateful night, they were
peacefully resting in their humble home expecting for the dawn of
another uncertain day. Clearly, therefore, nothing justified the sudden
and unprovoked attack, at nighttime, on the Magdasals. The massacre
was nothing but a merciless vigilante-style execution. 116
III.
Besides, as held in People v. Oanis 129 and Baxinela v. People, 130 the
justification of an act, which is otherwise criminal on the basis of a mistake of
fact, must preclude negligence or bad faith on the part of the accused. 131
Thus, Ah Chong further explained that —
The question then squarely presents itself, whether in this
jurisdiction one can be held criminally responsible who, by reason of a
mistake as to the facts, does an act for which he would be exempt
from criminal liability if the facts were as he supposed them to be, but
which would constitute the crime of homicide or assassination if the
actor had known the true state of the facts at the time when he
committed the act. To this question we think there can be but one
answer, and we hold that under such circumstances there is no
criminal liability, provided always that the alleged ignorance or mistake
of fact was not due to negligence or bad faith. 132 ECSHID
IV.
In the instant case, petitioners, without abandoning their claim that they
did not intend to kill anyone of the victims, admit having willfully discharged
their service firearms; and the manner by which the bullets concentrated on the
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passenger side of the jeepney permits no other conclusion than that the shots
were intended for the persons lying along the line of fire. We do not doubt that
instances abound where the discharge of a firearm at another is not in itself
sufficient to sustain a finding of intention to kill, and that there are instances
where the attendant circumstances conclusively establish that the discharge
was not in fact animated by intent to kill. Yet the rule is that in ascertaining the
intention with which a specific act is committed, it is always proper and
necessary to look not merely to the act itself but to all the attendant
circumstances so far as they develop in the evidence. 144 TcAECH
The firearms used by petitioners were either M16 rifle, .30 caliber garand
rifle and .30 caliber carbine. 145 While the use of these weapons does not
always amount to unnecessary force, they are nevertheless inherently lethal in
nature. At the level the bullets were fired and hit the jeepney, it is not difficult
to imagine the possibility of the passengers thereof being hit and even killed. It
must be stressed that the subject jeepney was fired upon while it was pacing
the road and at that moment, it is not as much too difficult to aim and target
the tires thereof as it is to imagine the peril to which its passengers would be
exposed even assuming that the gunfire was aimed at the tires — especially
considering that petitioners do not appear to be mere rookie law enforcers or
unskilled neophytes in encounters with lawless elements in the streets.
Thus, judging by the location of the bullet holes on the subject jeepney
and the firearms employed, the likelihood of the passenger next to the driver —
and in fact even the driver himself — of being hit and injured or even killed is
great to say the least, certain to be precise. This, we find to be consistent with
the uniform claim of petitioners that the impulse to fire directly at the jeepney
came when it occurred to them that it was proceeding to evade their authority.
And in instances like this, their natural and logical impulse was to debilitate the
vehicle by firing upon the tires thereof, or to debilitate the driver and hence put
the vehicle to a halt. The evidence we found on the jeepney suggests that
petitioners' actuations leaned towards the latter.
First, the crimes committed in these cases are not merely criminal
negligence, the killing being intentional and not accidental. In criminal
negligence, the injury caused to another should be unintentional, it being the
incident of another act performed without malice. 147 People v. Guillen 148 and
People v. Nanquil 149 declare that a deliberate intent to do an unlawful act is
essentially inconsistent with the idea of reckless imprudence. And in People v.
Castillo, 150 we held that that there can be no frustrated homicide through
reckless negligence inasmuch as reckless negligence implies lack of intent to
kill, and without intent to kill the crime of frustrated homicide cannot exist.
Second, that petitioners by their acts exhibited conspiracy, as correctly
found by the Sandiganbayan, likewise militates against their claim of reckless
imprudence.
Article 8 of the Revised Penal Code provides that there is conspiracy when
two or more persons agree to commit a felony and decide to commit it.
Conspiracy need not be proven by direct evidence. It may be inferred from the
conduct of the accused before, during and after the commission of the crime,
showing that they had acted with a common purpose and design. Conspiracy
may be implied if it is proved that two or more persons aimed by their acts
towards the accomplishment of the same unlawful object, each doing a part so
that their combined acts, though apparently independent of each other were, in
fact, connected and cooperative, indicating a closeness of personal association
and a concurrence of sentiment. Conspiracy once found, continues until the
object of it has been accomplished and unless abandoned or broken up. To hold
an accused guilty as a co-principal by reason of conspiracy, he must be shown
to have performed an overt act in pursuance or furtherance of the complicity.
There must be intentional participation in the transaction with a view to the
furtherance of the common design and purpose. 151 DEIHAa
VI.
However, upon the finding that petitioners in Criminal Case No. 16614 had
committed attempted homicide, a modification of the penalty is in order. The
penalty of attempted homicide is two (2) degrees lower to that of a
consummated homicide, which is prision correccional. Taking into account the
mitigating circumstance of voluntary surrender, the maximum of the
indeterminate sentence to be meted out on petitioners is within the minimum
period of prision correccional, which is six (6) months and one (1) day to two (2)
years and four (4) months of prision correccional, whereas the minimum of the
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sentence, which under the Indeterminate Sentence Law must be within the
range of the penalty next lower to that prescribed for the offense, which is one
(1) month and one (1) day to six (6) months of arresto mayor.
WHEREFORE, the instant petitions are DENIED. The joint decision of the
Sandiganbayan in Criminal Case Nos. 16612, 16613 and 16614, dated June 30,
1995, are hereby AFFIRMED with the following MODIFICATIONS:
(a) In Criminal Case No. 16612, petitioners are sentenced to suffer the
indeterminate penalty of six (6) years and one (1) day of prision mayor, as the
minimum, to twelve (12) years and one (1) day of reclusion temporal, as the
maximum; in Criminal Case No. 16614, the indeterminate sentence is hereby
modified to Two (2) years and four (4) months of prision correccional, as the
maximum, and Six (6) months of arresto mayor, as the minimum. cCAaHD
Footnotes
7.Accordingly, the charges against him were dismissed. See April 30, 1991 Order,
id. at 108. TSN, April 30, 1991, pp. 3-5.
8.April 30, 1991 Order, records, vol. 1, pp. 107-108; TSN, April 30, 1991, pp. 12-14.
See also records, vol. 1, pp. 191-197.
9.Records, Vol. 1, pp. 96-105.
10.Id. at 307.
11.Records, Vol. 1, pp. 52-55.
12.Resolution dated May 10, 1991, records, vol. 1, pp. 198-205.
13.Id. at 205.
14.Id. at 300-308.
15.See certificate of Death, records, Vol. II, p. 707; see also Manifestation dated
December 11, 1992, id. at 703-704.
16.Records, Vol. 1, p. 388.
17.TSN, April 30, 1991, pp. 27-30, 32-34, 37-40, 42-50, 52-53; TSN, July 5, 1991,
pp. 20-22.
18.Id.; Id.; TSN, May 2, 1991, pp. 25-26.
19.Exhibits "L," "L-1" to "L-5."
20.TSN, May 2, 1991, pp. 6-13, 15-17-19, 22-25, 26-29, 45-46, 52-53; TSN, July 5,
1991, pp. 38-46; 48-49.
21.TSN, April 30, 1991, pp. 27-30, 32-34, 37-40, 42-50, 52-53; TSN, July 5, 1991,
pp. 20-22.
22.TSN, May 2, 1991, pp. 25-26.
23.Id. at 31-32, 44-45, 51.
31.TSN, April 30, 1991, pp. 17-19. See Memorandum Receipts, Exhibits D, E, F, G,
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H.
32.TSN, October 22, 1991, pp. 7, 10-11, 13-20, 42-43, 49-50. Dr. Pedro Solis
appears to have authored a book on Legal Medicine in 1964. See Medico-
legal Report dated April 6, 1988, Exhibit I.
33.TSN, October 22, 1991, pp. 21-23, 26-28, 30-34, 37-42, 50-53.
34.Id. at 44-48.
35.TSN, October 7, 1991, pp. 12, 14-15.
36.TSN, October 25, 1991, pp. 17-44.
37.TSN, September 15, 1993, pp. 5-12; TSN, November 8, 1993, p. 10.
38.Memorandum of Cunanan and Puno filed with the Sandiganbayan, rollo (G.R.
No. 122776), p. 126.
39.TSN, September 15, 1993, pp. 13-15, 18-21; TSN, November 8, 1993, pp. 3, 5,
12, 23-25, 31. See also Joint Counter Affidavit of Cunanan and Puno, dated
July 20, 1988, in which they stated that their "team was forced to fire at the
said vehicle" when it did not heed the supposed warning shots, Exhibit "A." In
their earlier Joint Affidavit dated April 5, 1988, Yapyuco, Cunanan and Puno
stated that after firing warning shots in the air, the subject jeepney
accelerated its speed which "constrained (them) to fire directly to (sic) the
said fleeing vehicle, Exhibit "O."
40.TSN, September 15, 1993, pp. 22-23; TSN, November 8, 1993, pp. 6-7, 10-11,
21-23.
41.Id. at 23-25; Id. at 4.
55.Id. at 64-66.
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56.Id. at 69-70.
57.Id. at 64-65.
58.Id. at 61.
59.Id. at 58.
60.Id. at 60-61.
61.Id. at 60-63.
62.Id. at 73-74.
63.Id. at 74-75.
64.Id. at 64-65.
65.Id. at 69.
66.Id. at 68-69.
67.Id. at 71-73.
68.Exhibit "X."
69.TSN, July 5, 1991, pp. 7-9, 27.
74.Id. at 93-95.
75.Id. at 108.
76.Id. at 103.
84.Id. at 226-227.
85.Id. at 227-228.
86.Id. at 228-230.
89.People v. Esmale , G.R. Nos. 102981-82, April 21, 1995, 243 SCRA 578, 592.
90.Co-executed by deceased Pabalan, dated September 28, 1988, Exhibit "N."
91.Dated September 28, 1988, Exhibit "C."
98.Exhibit "B-1."
99.See notes 38 and 39. See also Exhibits "B" and "C."
100.Exhibit "C."
101.Exhibit "N."
102.Id.
103.See notes 30, 38 and 39. Refer also to the sketch of Yapyuco and Flores
depicting the relative location of the Tamaraw jeepney at the scene of the
incident.
104.Rollo (G.R. No. 122677), pp. 230-232.
105.People v. Panida , G.R. Nos. 127125 and 138952, July 6, 1999, 310 SCRA 66;
People v. Buntag, 471 Phil. 82, 95 (2004).
106.See People v. Oanis, 74 Phil. 257, 262-263 (1943); People v. Pajenado , G.R.
No. L-26458, January 30, 1976, 69 SCRA 172, 177; Baxinela v. People , 520
Phil. 202, 214-215; People v. Belbes , 389 Phil. 500, 508-509 (2000); People
v. Ulep, G.R. No. 132547, September 20, 2000, 340 SCRA 688, 699; Cabanlig
v. Sandiganbayan, G.R. No. 148431, July 28, 2005, 464 SCRA 324, 333.
107.People v. Fallorina , G.R. No. 137347, March 4, 2004, 424 SCRA 655, 665,
applying Article 3 of the Revised Penal Code.
108.People v. Tan , G.R. Nos. 116200-02, June 21, 2001, 359 SCRA 283, 297-298.
109.People v. Oanis, supra note 106, at 262.
118.21 Am Jur 2d, $152, p. 232, citing Turner v. State, 210 Ga. App. 303, 436
S.E.2d 229.
119.Id., citing U.S. v. Vasarajs, 908 F.2d 443 and People v. Nash, 282 Ill. App. 3d
982, 218 Ill. Dec. 410, 669 N.E.2d 353.
120.Id., citing Com. v. Simcock , 31 Mass. App. Ct. 184, 575 N.E.2d 1137.
121.Id., citing Johnson v. State, 734 S.W.2d 199.
122.Id.
123.Id. at 233, citing U.S. v. Buchannan, 115 F.3d 445; People v. Reed, 53 Cal.
App. 4th 389. Generally, ignorance or mistake of fact constitutes a defense
to a criminal charge only if it is not superinduced by fault or negligence of
party doing the charged act. (Crawford v. State, 267 Ga. 543, 480 S.E.2d
573). For a mistake of fact to negate a mental state required to establish a
criminal offense, the mistake must be reasonable, and the act, to be justified,
must be taken under a bona fide mistaken belief (Cheser v. Com. , 904
S.W.2d 239).
124.Id. at 233, citing Potter v. State, 684 N.E.2d 1127. If a mistake arises not from
ignorance of law, but from ignorance of an independently determined legal
status or condition that is one of the operative facts of a crime, such a
mistake is one of fact (U.S. v. Lopez-Lima , 738 F.Supp. 1404).
125.Id. at 233, citing Potter v. State, 684 N.E.2d 1127; Miller v. State, 815S.W.2d
582.
126.Id. at 233, citing Jones v. State, 263 Ga. 835, 439 S.E.2d 645.
127.15 Phil. 488 (1910).
131.People v. Oanis, supra note 106, at 264; Baxinela v. People, supra note 106, at
215.
132.United States v. Ah Chong, supra note 127, at 493.
133.People v. Crispin, G.R. No. 128360, March 2, 2000, 327 SCRA 167, 179; People
v. Calica, G.R. No. 139178, April 14, 2004, 427 SCRA 336, 362.
134.People v. Dramayo, G.R. No. L-21325, October 29, 1971, 42 SCRA 59, 64;
People v. Calica, supra, at 347.
135.People v. Gamer, G.R. No. 115984, February 29, 2000, 326 SCRA 660, 674.
136.People v. Delim , G.R. No. 142773, January 28, 2003, 396 SCRA 386, 400, citing
People v. Fulinara, G.R. No. 88326, August 3, 1995, 247 SCRA 28.
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137.Gay v. State, 60 Southwestern Reporter, 771 (1901).
138.People v. Delim, supra note 136, at 400.
139.United States v. Gloria , 3 Phil. 333 (1903-1904).
140.Mondragon v. People, G.R. No. L-17666, June 30, 1966, 17 SCRA 476, 480-481;
See also Reyes, Luis B., Revised Penal Code, Book II, 15th ed (2001), p. 470.
141.Rollo (G.R. Nos. 120744-46), pp. 67-68.
142.See Crisostomo v. Sandiganbayan, 495 Phil. 718, 745 (2005), citing People v.
Flores, 389 Phil. 532 (2000).
143.People v. Ramirez , 104 Phil. 720, 726 (1958).
144.United States v. Montenegro , 15 Phil. 1, 6 (1910).
145.Exhibits "U," "U-0," "U-1," "U-2," "W," "W-1" and "W-2."
146.97 Northwestern Reporter, 210 (1903). (Emphasis supplied.)