Crim Cases Art 13

c David Angeles, Jr.
David Angeles, Jr. testified that accused-appellants were his neighbors in Famy, Laguna 965954
26:+9)/)*)+>)**6(59562,26:+/456!3)9)!3456/5./5)+?*9*,3
/4*!)/ 3).36:!)/)*+ 35!)/*:5)+)*!46/.*+/)*+6*(965)*!*

354
c

!"#$%&$!' "#$!
% According to David, in the late evening of 24 September 1995, he was at home and could hardly sleep as he was
&$(')*+,!"#$ suffering from a backache. He went out of the house to relieve himself. On the street he saw AMPIE brandishing a
one-foot long bolo. Behind AMPIE were ARLY and JONAR. They were about five meters away from where David
" stood. AMPIE approached a man who seemed to be urinating. AMPIE then held up the head of the man and slashed
his neck once while his companions ARLY and JONAR stood nearby ready to assist AMPIE. The victim was able to free
himself and ran towards David until he dropped a few meters from the house. Immediately AMPIE, ARLY and JONAR
,- ran to their respective homes. David later learned that the victim was Salvador Reyes.
./+0)1122)*/)11)2345+6/6*6*"646*)2")/0 78735(6*)26)2".$)*53 David was certain of whom he saw because the place was illuminated.9*)?55./)*+*46*./
6*62)*)(.*)95653.*+54(.62!!*+)/*)2+.356434.+)*+/**+)53 2)5/)91122.?6*(./6+96532)/526(5/9*.95*55)+/4+!)/?95!59
54/.3351*)2!3reclusion perpetua)*+1)!556/35:664)/922)/5// 2+/)6*/).*+?1@.6)/59)/2.)*+6:.2(95)5/)9)*+53)+5*/@.*//5.2+
56*:2:+A few days passed and since his conscience still bothered him, he decided to reveal what he had
witnessed. He gave a sworn statement to the police.
./+0)1122)*/)2)6:/416))!);5)3AMPIE<)*+,*)/)+);5)3JONAR<)cousins)*+
5*15932!")*.);5)3ARLY< 6/5535/16:45/3 )*+,
According to Gregorio Reyes, his son Salvador Reyes died on 24 September 1995. At the time of his death Salvador
was thirty-nine years old, separated from his wife and was earning an average of P200 a day. Salvador had confided
5)./)!16*356*34)6*95655)(+549654.+)+/)/3229/-
to him that he had an altercation with ARLY. He mentioned this fact in his sworn statement. The funeral expenses he
incurred amounted to P18,000; however, he could not produce any receipt because some of the expenses were paid
That on or about 11:20 o͛clock [sic] in the evening of September 24, 1995 at Sitio Bagong Silang, Barangay Batuhan, by his friends.
Municipality of Famy, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named
accused while conveniently armed with deadly weapon (itakan), with intent to kill, with evident premeditation and
Dr. Gloria Jamolin performed an autopsy on Salvador Reyes. She noted the presence of abrasions in the right
treachery and with abuse of superior strength conspiring, confederating and mutually helping one another did then
temporal area and below the eyes and a hack wound at the neck which could have been caused by a sharp
and there wilfully, unlawfully and feloniously attack, assault, hack and slash the throat of one Salvador Reyes by [ ]
instrument such as a bolo. Judging from the nature and the location of the wound, the assailant was in front of the
the said weapon thereby inflicting upon him hacking/slashing wound anterior neck, proximal end and directing
victim during the attack. The cause of death was cardio-respiratory arrest secondary to shock and hemorrhage due to
backward and superiorly at the base of the mandible cutting half the circumference of the neck cutting the trachea,
the hack wound penetrating the esophagus. She prepared a post mortem report.
esophagus, neck vessels including jugular veins and caroted arteries on both sides sparing the cervical vertebrae and
cord which directly caused his death to the damage and prejudice of the surviving heirs of the victim.
5+3*/5)+)*5:/6*356*6+*596*///61/*+94)*+$62))46*(*)
44)*.2)6*A ,)*+
That the qualifying and aggravating circumstances of treachery, abuse of superior strength and evident
premeditation attended the commission of the crime.
Armando Bilara)))*()!)*+2)64+5)55)/?*9*)22)./+0)1122)*/3).5!)/*
14 8859)/*56/9)!5432.*595*)446*?12)*)56/5./,5)+)36/36(5
" =
965)*62*(2/531/.6*96*//):6+*(2/,)*629)/)13)*+(6:6*(29/,
4)*+6*:*+)*+1)636+53545)+*6+)95))./+5/.332):6+9)/)4*(5
./+0)1122)*/12)++*(.62!.1*))6(*4*6)2*546/*/.+ /1)/3536(5.5+6+*6*3
51/.6*1/*+)6)*+622):6+*(2/,

(6!/)*+
26),)426*5:6+*3 Domingo Decena9)/)54)*+9)56*()2:6/6*/59*5*6(53B14 88)*+.*62-)43
51/.6*/)26/5+532296*(3)/- 532296*(+)!5)352355./(56/5C/12)/21=56259)/9)2?6*()2*(5
/5/)9)*51/*959)/)2/9)2?6*()*+52+6*()*6*161).*)*+)5)2332*(2)
2)*+5)54)*9)/)2:)+!/)2//)9 =5* )43)3)965)2:)+52)
Mariano Adillo a co-worker of the victim Salvador Reyes in a sash factorytestified that he had known Salvador for 6+56 *9655161. 9)/)2+.?)*+):6+6*(56!5161 )26)+!
two months. At about 10:00 p.m. of 24 September 1995, he, Salvador and three other companions were in a beer 5)?6*()2:)+965)2)2:)+)*)9)!3229+56*+! c6(5*+96595)5/)946*(
house in Famy, Laguna. Salvador drank his beer outside the pub and was in a conversation with a girl. Both were ./5+)?56/5./9*!036:46*./2)5/)9)446*./6+)*+2)*+5))2:)+9)/3.*+
within the view of Mariano. Later, Salvador was approached and surrounded by three men, one of them faced him +)+9*!4/)9)!34 C/5./
while the two others positioned themselves behind him. Mariano hollered at the men, who immediately left.
*//0D)46*)6*46*()+46+5)5+6+*22)*!*6*55./395)55)+>./96*//+

Half an hour later Mariano went out, but Salvador was nowhere in sight. At about 11:00 p.m., Mariano and a boy 65+6+56*345126)./33))2/+*6+/6*():6+*(2/,5)*6(5He was unable to
searched for him up to a billiard hall which was about 200 meters away. They returned to the beer house and he reveal what he saw for one and a half years because he was busy with work and he had just learned that AMPIE was
instructed the boy to hail a tricycle for his ride home. When no tricycle could be found he and a companion walked languishing in jail. It was AMPIE͛s wife who requested him to testify.
home. The following day he learned of Salvador͛s death.
SPO2 Emmanuel Martinez9)/)4*(51264*95)6:+)5/*35645+!3)2:)+!/
When asked in open court if he could identify the three persons who approached Salvador, Mariano pointed to 9)/3.*+/4*!)+/3455./3):6+*(2/,./+0)1122)*/964126)+!)*!96*//
AMPIE, JONAR and ARLY. 5+)53)2:)+ARLY and JONAR were immediately incarcerated while AMPIE, accompanied by his sister,
surrendered at the police station on 9 October 1997++6*512625+))*+643 C/ 56)2.2646+6/235/2.6*3532296*(6//./-; <955 )+6*/230+3*/;<
/.*+AMPIE admitted that he killed Salvador, but alleged that he did so in self-defense. Martinez then 955 )*+,1)661)+6*5?6226*(3)2:)+!/)*+;<955 :2.*)62!/.*++
discontinued the investigation and advised AMPIE to avail of the services of a lawyer from the Public Attorney͛s 5126
Office
In its decision of 6 February 1998, the trial court convicted accused-appellants and decreed, thus:
ARLYraised the defense of alibi+6*(564*B14 8859)/)56/12)39?)coprasan
/)!+5.*627-14)*+5644+6)2!1++54/21)*5.2)).*+ -)435
32296*(+)!59)/)9)?*+!56/9636*346*(5645)59/:)211246226*(./6+9*. WHEREFORE, premises considered, judgment is hereby rendered finding all the accused AMPIE TARAYA y CANTUBA,
)*+5/)95+)++!3)2:)+!/9545?*9!3).*+54/215)+*(*. ARLY CANTUBA y DAIGO and JONAR ESTRADA y CANTUBA, guilty beyond reasonable doubt for the crime of
356/5./9*55./5/21)*+9?.1In the morning of 25 September 1995, the police came to ͞MURDER͟, qualified by treachery, absent of any other mitigating or aggravating circumstances, hereby sentences
question him. He was allowed to go home after the investigation. them to Reclusion Perpetua. To pay the heirs of the victim for his death the amount of P50,000.00 and to pay the
cost.
ARLY surmised that David Angeles, Jr. linked him to the crime because of the squabble he had with him on 13
September 1995, when his nephew JONAR was mauled by David and Bobby Angeles. He explained that Armando ./+416))!)!")*.)2!")*.)!)6()*+,*)/)+)!")*.)6*(+*6*16/*/66/
Bilara arrived late during the encounter, for which reason Armando failed to see that David was actually injured by 5!++5)5!+6+96553.22 2*(53561:*6:6416/*4*635!)(:2.*)62!6*
JONAR. 966*()6+!5/)4+6/6126*)!.2/641/+.1**:6+16/*596/5!/5)22+6+965
BE3516+5!5)+.*+(*1:*6:6416/*4*6*)+)*965835:6/+*)2"+
)/)4*++
3.5+2)+5)5+6+*(55./))*!64*B14 88
The trial court gave credence to the witnesses of the prosecution, particularly to its eyewitness who positively
JONARalso offered the defense of alibi5)+?*9*)2:)+!/3).363*!)/)*++.6*(5)16+ identified accused-appellants as the perpetrators of the crime. It rejected ARLY and JONAR͛s defense of alibi because
5*:5)+)*!46/.*+/)*+6*(965)2:)+9)/)546*5:*6*(3B14 88/21) of its weakness considering their positive identification and that their respective residences were only some meters
7-14)*+9?.1)-)4532296*(+)!2)*+5))2:)+9)/?622+5)4*6*()*+5126 away from where the dead body of Salvador Reyes was found.
)4)/56499?/)35)+*6*:2:4*6*)2:)+C/+)5/6*59)/)/215952*6(5
9)/*6*55./)/)22(+!)6)*+622)//+5)):6+*(2/,64126)+5646*5
4.+3)2:)+)./):6+6/553)*62*(2/)*+55)+)46/.*+/)*+6*(965)*62C/963 *1.+6)6*( C/2)643/230+3*/56)2.*+59)?:6+*133+!5643)62+
56*6+*5)11*+* 14 8895*)*621.*5+564)*+):6+>6*+6*53))/ /59)*!15!/6)26*>.!5.2+5):/./)6*+95*)2:)+)22(+2!5656496556*161The pipe was not
presented, and none was found at the scene of the crime; and even assuming there was indeed a pipe, AMPIE failed
to establish the reasonable necessity of the means employed to prevent the alleged unlawful aggression on the part
AMPIE2)64+self0defense+6*(5646*5)2!:*6*(3B14 8859)/6*)5./5* of Salvador Reyes. It ruled that all the elements of self-defense were not present. Hence, the killing of Salvador was
51++5*)!5./356/36*+$)*+/)!+)5)2*!9)/>./)4)9)!345 not at all justified.
5./95*Lorna)9)6//3455./)11)5+564)*+)2?+965564.6*(56
*:/)6*5*6+)4)*)*+56/41)*6*/*55./Later the man approached him and Bebet.
The man asked him what he was doing, and he replied that he was just listening to the music. The man also asked The trial court ruled that the killing of Salvador Reyes was attended with treachery.5))?9)//.++*)*+
him if he had a relationship with Lorna and he answered ͞not yet.͟ Not satisfied with his response, the man punched )./+0)1122)*/+26)2!412!+4)*/*/.5/.//35612)*965.6/?54/2:/
him and Lorna parted them away. The man left after warning him to wait as they would settle the matter. Lorna $/6+/56:6649)/965.4)*/+3*+564/2325.(563.*+51/*35)(():)6*(
explained that the man was a former boyfriend. After the threat he went home to JONAR͛s house to sleep. 6.4/)*3)./3/.16/*(56+2)+5)5/)49)/)/+6*5@.)263!6*(6.4/)*3
)5! 3.*+*3).)2)/6/35@.)263!6*(6.4/)*3:6+*14+6)6*
However, AMPIE awoke at midnight and went outside the house to answer the call of nature. He armed himself with
a bolo as he was suspicious and frightful that night. He then saw a man opposite the house of his neighbor Domeng, 56)2..2+5) .2+**36345466()6*(6.4/)*3:2.*)!/.*+)2:)+
and the man, who was Salvador Reyes, attempted to hit him twice with an iron pipe.He was able to avoid the first !/9)/?622+*B14 88The complaint for murder was filed on the third day of the following month,
blow but the second blow hit him. In retaliation AMPIE swung his bolo, dropped it and immediately went back to the October, and a warrant of arrest was issued the day after)+46+5?6226*(.*+2)643/230+3*/6)**
house. The following morning he heard of the death of Salvador. He did not tell anyone of what transpired that night. 26:+5)59)/.*)9)353626*(35)/The trial court concluded that the purpose of AMPIE͛s visit to
Instead, he reported to work at the coprasan in Sta. Maria, Laguna and stayed there for three days. On the third day, the police station on 9 October 1995, accompanied by his sister, was not to surrender but to verify the charge filed
he was fetched by his employer to buy duck eggs in Pateros. He was able to return briefly to Famy, Laguna, on 2 against him.
October but that same afternoon he left for Pasig City.
Finally, the trial court considered AMPIE͛s flight as an indication of guilt. He fled after the incident under the pretext
On 8 October AMPIE asked from his employer permission to leave for Pagsanjan, Laguna. In Pagsanjan he was that his work required him to be away for several days.
informed by his sister that the police was looking for him in connection with the death of Salvador Reyes. Thus, the
following day he and his sister went to the police station, where he identified himself. He learned that his uncle ARLY #*+).*+)./+0)1122)*/ )*+,)11)2+./345>.+(4*3*:66*5!)*5
and cousin JONAR were both in jail as they too were implicated in the death of Salvador. AMPIE denied the 56)11)2*532296*()22(+/356)2.-
participation of ARLY and JONAR, and insisted that it was only he and Salvador who had an altercation. AMPIE was
thereafter detained at the police station. He requested that he be allowed to contact his employer and consult with
the lawyer provided by the latter. F c
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*536/)*+/*+)//6(*+/5!)//5) )*+,9*0*/16)/6*5?6226*(3 DDD
)2:)+!/5!964126)+!):6+*(2/,952)64+5):/*5456*+ )22(+2!
)+!*+)//6/)* 95*52)5)?+5*?3)2:)+5!415)/6A59:5)5
6/*:6+*5)5!).)22!521+ )*+*:)3?6226*(.2+)6.+545./5! I9).5/5)./+95)+6+5!+635!+6+)*!56*()35:664)2:)+!/9)/)23
+/:)*)@.6)2 564/23)*+)2.*)9)!3454J
**556+)//6(*+)./+0)1122)*/)//)62536*+6*(3)5!)*+**+5) .2+*2! $))!))*+2!")*.)/292!*+565./)*+,*)/)+).* 9)+/56/5./
(.62!35466+)*+*4.+ 5)?+5:664*2!*)*+5644+6)2!32+5)3+6+*
:*/?55213 )*+,6*?6226*(5:6649)/52*)//)62)*c)5!)116)+6 DDD
4./1:+!/*()*+*:6*6*(:6+*51/.6*3)62++/
I*+!./)+5)59;<5)./+6*56/)/2!")*.))*+,*)/)+)9)2/6*5/*3

./+0)1122)*/1)!5) )*+,)@.6+35645)(+)./3)/*)2+.)*+5) 564J
3.*+(.62!35466+*2!*4.+
//6

The Office of the Solicitor Generalrefutes the arguments raised in the Appellants͛ Brief. On the first and second
grounds, it counters that conspiracy can be inferred from the conduct of ARLY and JONAR. David Angeles, Jr.
unequivocally testified that both ARLY and JONAR were behind AMPIE, who was armed with a bolo and with it I93)9595)./+345:664)2:)+!/J
approached Salvador Reyes, held his head up and hacked his neck. At that time ARLY and JONAR͛s actions were
described as ͞nakaalalay͟ and ͞anyong tutulong.͟ Said actions establish a common design to attack Salvador. In a
5!9/6+!/6+/6
conspiracy to commit murder it is not necessary that all the conspirators actually kill the victim. Besides, their action
after the killing, that is scampering away instead of rendering assistance to the victim, affirmed their criminal intent.
I93)J
Anent the last argument, the Office of the Solicitor General maintains that the trial court properly appreciated the
qualifying circumstance of treachery. The means used directly and specifically insured the death of Salvador without )!56/+6/)*
risk to accused-appellants. Salvador was alone and unarmed, unsuspecting of what was to befall him. He had no
opportunity to defend himself.
*1-
*5612!$63)./+0)1122)*/6*/6/*5D.21)6*3 )*+,)(.6*(5)5641/*

6*5/*3564)***/6.*/16)!5!)//5)):6+*(2/,5)+)9*(641//6*3 =6*//+4*/)+!56/95)*+/5+6/)*3). KL3
95)).)22!)*/16+:5)**)5!/6* 9)/52*11)
I 9.2+26?+6!.)*6*!.9*)4*95659)/)2)+!4)?+6*:6+*)/D5&$'
We affirm the conviction of accused-appellant AMPIE but only for homicide; and because of reasonable doubt as to 1)6.2)2!@./6* )*+!.)*/96*/)6+@./6*)*+ 9622@.-&
their guilt, we ACQUIT accused-appellants ARLY and JONAR. 2!")*.) )*+,*)/)+)J*/9-
)2:)+!/ $!))!)!.445):6*((6:*5/
)*/995*)/?+!526336+.6*(56*:/6()6*J
536/)*+/*+6//.//5)22>6*2!+6/.//+/6*5!@./6*56)2.C/36*+6*(3*/16)!9565
/.2+6*541266!3 )*+,
//6
56)2.26+5):62!*5/64*6/3)6)*+622)*+):6+*(2/,)6)*+622/636+5)
)2:)+1656/+)59)/)/+!)./+0)1122)*/./6+55./9559)/*()(+6*) DDD
*:/)6*965)94)*95*)./+0)1122)*/)6:+*35)./+0)1122)*/+62!3)+)2:)+
9562595/1/66*+54/2:/>./56*+536/*/6*(+)*()6)*644+6)2!229+)
I=5!+6+!./)!5)5/9;<)./+2!")*.))*+,*)/)+)9& 'J
)./+0)1122)*/95644+6)2!23(5):6+*(2/,+2)+5)5/)9)./+0)1122)*/(5
)564)2:)+9)/)//).2+ )*+,)11)+564)+!(6:)//6/)* 6**
16*356//64*!)+/)/3229/- $)./95*416))!)/2)/5+5*?3)2:)+!/59;<,*)/)+))*+2!")*.)9
/6+54)*+)11)/ ). 521
DDD
I=5!+6+!./)!5)=6*//J=5)+6+!.*2.+6*5).)6*32!")*.))*+,*)/)+)5)
!.*2.+5)5!9).521J
I=5)2/+6+!.*695*63)*!95*)+6*(!./)9$))!)J
$)./9562416))!)9)/*5)3/2)/56*(5*?3)2:)+!/,*)/)+))*+2!")*.)

/)9$))!))11)56*()4)*9595* 2?+*5)4)*)/63.6*)6*(
9)11)56*(54;& '<
I=59,*)/)+))*+2!")*.))564)+6*(!.$))!)/2)/5+5*?35:664J

I!.))/6*(!.*2./6*5)559;<)./+2!")*.))*+,*)/)+)9).521
)./!./)6+9562$!))!)9)/)11)56*(5:664)2:)+!/595)./+ )436*(
5!9*))55 *3)2!")*.))*+,*)/)+)9)+!521$))!) 2!")*.))*+,*)/)+)9)2/)11)56*(5)6/95!!./)6+5)5!9 J
//6 56/)5!95*533*+446/)*!3564/)()6*/51/*412!6*(4)*/45+/
34/6*5D.6*539565*++62!)*+/16)22!6*/.6/D.6*965.6/?564/23)6/6*(
345+3*/9565533*++1)!46(54)?)5!)/)@.)263!6*(6.4/)*@.6/5)5
I*+)/6+345) =6*//!.2)64+5)2!")*.))*+,*)/)+)9)2/)11)56*(5 33*++26)2!412!/4)*/3D.6*9565+16:/51/*))?+*11.*6!+3*+
9)/*5).)6*)//6/)*4)+!5/9;<)/6+3453)5)5!9)2/5)*+ )26) 4./1:+!2))*+*:6*6*(:6+*)/*2./6:2!)/5?6226*(6/2351)6.2)/)/
)11)56*(5:6649562$!))!)954!./)6+/2)/5+5*?3)2:)+!/J 595)((//6*9)/4)+595)9565/.2+6*5+)535:664()*)*++:21+4./
/)26/5+
5)6/*2!95) /)95)5!9*5)35216*(
AMPIE then could only be liable for homicide.
DDD
An issue to be resolved, too, is whether AMPIE is entitled to the mitigating circumstance of voluntary surrender5
56)6*9)/>./).521$!))!)5!+6+*+)*!56*()()6*/)2:)+!/ 32296*()5@.6/6/3:2.*)!/.*+-; <533*+5)+**).)22!)/+H;<533*+
/.*++564/23)1/*6*).56!52)M/)(*H;<5/.*+9)/:2.*)!H)*+;B<56/*
1*+6*(9))*3)/6*34)6*362+c)/.*+:2.*)!64.//1*)*./)*+4./)2/
*/16)!D6//95*941/*/4)*)(4***6*(5446//6*3)64)*++6+ /5956**35)./+/.46564/23.**+66*)22!5).566/65)./5)?*92+(/56/
4466 +/*@.65)/.5)(4*.+3)*)116)216+165446//6*35 (.62596/5//):545.2)*+D1*/6*6+*)256//)5)*+)1.
64H66//.3366*5))56435D.6*53)22)./+5)+5/)41.1/)*+9.*6+
56*"*/16)!4)!++.+3454+)*+4)**6*95655649)/446+6*3+34
5)/3)22)./+9565+*)>6*1.1/)*++/6(**+)6*)*+44.*6!36*/ * It cannot be denied that when AMPIE learned that the police authorities were looking for him in connection with the
/)26/56*(*/16)!+6133)1:6./)(4*6/.**//)!*+95*66/1:*5)3*6/ death of Salvador Reyes, he immediately went to the police station on 9 October 1995. It was there where he
5)3)22 confessed to killing Salvador in self-defense. This is bolstered by the testimony of the investigating officer SPO2
Emmanuel Martinez, who even entered in the police blotter that AMPIE voluntarily surrendered to the police.
However, the said surrender does not constitute one which would classify as a mitigating circumstance. It must be
Our meticulous evaluation of the prosecution͛s evidence fails to convince us of its sufficiency to prove with moral emphasized that at the time of his surrender, AMPIE already had a pending warrant of arrest which was issued on 4
certainty that there was conspiracy among accused-appellants to kill Salvador so as to hold ARLY and JONAR equally October 1995, or five days before his surrender. His arrest by that time was imminent. We cannot then appreciate in
liable as AMPIE for the death of Salvador. favor of AMPIE the mitigating circumstance of voluntary surrender.
56/))22*6*64)6*5)59)/)+2+9*)2:)+)*+ ,35 51*)2!35466+.*+62B835:6/+*)2"+6/2./6*41)2AMPIE, however, is
5./6*6+*5)./+0)1122)*/4)!5):455./*>!(5.*2?3 entitled to the benefits of the Indeterminate Sentence Law.)*5*/**+)*6*+46*)1*)2!
)2:)+656/5:6+*5)5(62965954)2:)+9)/*:/6*(9)/ C/(6236*+9)/ 95/46*64.4/5)229656*5)*(351*)2!*D296*+(95656/prision mayor)*+95/
6*(.+!564)*+532>)2./95*5/)9)2:)+*:/6*(9655 4)D64.4/5)225)1/6+!2)9)?6*(6*).*54+63!6*(6.4/)*/Since no modifying
circumstances has been proven in this case, the maximum of the penalty shall be the mediumperiod of reclusion
temporal.Thus, AMPIE can be sentenced to an indeterminate imprisonment penalty ranging from ten (10) years of
5/64*!3):6+*(2/,6/*1/.)/6:)/561)661)6*6*564 )*+,95
prision mayor medium as minimum to seventeen (17) years and four (4) months of reclusion temporal medium as
.*)4+)*+5!4)6*+56*+ 5*2!:))6.+549)/5)5!)11)+)+!
maximum.
)//6/59)/*)6*!)/56)6*/59)+26))*+*+1)6**561))/
26?96/*+5426)235?6226*(3)2:)+
=c>.+(4*6/5!*++; <cc
6*/3))/)./+0)1122)*416))!)6/**+5
+6/6*3Nc.)! 88735(6*)26)2".36*62)*)(.*)$)*56*"646*)2")/BB965
=:*5):+./*5/64*!3):6+*(2/, 36*++)2:)+9)/6*5)3.6*)6*(95*
54+636)6*5)56/3.*+(.62!!*+)/*)2+.)/16*61)2356435466+*2!)*+6/
/.++*2!)4.13456*+56452+55)+)*+/2)/5+5*?3)2:)+5*54./5):**
5!/**+/.33)*6*+46*)1*)2!36416/*4*)*(6*(34*; <!)/)*+*; <+)!3
1615!/6)2*3*)6*9*59 51/0441;D5&'<3,)426*+/5)5
16/*4)!4+6.4)/46*64.4:**; <!)/)*+c.;B<4*5/32./6*41)24+6.4)/
2)3.*+532296*(6*>.6/*5+!3)2:)+-
4)D64.4965)225)//!1*)26/53)*+6*+4*63!556/3)2:)+!/6*5/.43
)/6:626*+4*6!356/+)5H;<"I#
*(.*+3)/*)2+.)./+0)1122)*/ "#$)*+
)/6*/6.2) 6*56(541)2)) ,)*++6*(56644+6)2)/34*36*4*.*2//563.5+*6*6/>./636+3
)*!52)93.2)./5635$.).3"6*//5)22/.46)13562)/9656*36:;<
+)!/34613*6356/+6/6*
)/6*/6.2) 6*52))216*6*3)0.2)))6(5!
"//+366

5/6*>.6/1:5))2:)+)*+ 4./5):5)+)36(556*6+*)55./.2+5
1D64))./53

5*):6+.2+*)*)/2.2!641)6)296*//5)+)*)D(6*+)()6*/,95*2!)39

+)!/)26/1636)22!* 14 885)+)36(5965)*62*(2/)53):6+52)9)/ .*)+)*+ *)/0)*6)(,,*.
1/*+.6*(5)6*6+*
G)1.*)*,*2):
3229/5*5)*+6256+1)!96*//+59 ))?+)*+/2)/5+)2:)+C/*?965)2
56*(*1/66:)*++6:6+*/595)5))?9)//.++*)*+.*D1+)5!)/)
6.4/)*@.)263!5?6226*(4.+)**)116)+)()6*/
"+965no mitigating circumstance to offset the same64/51)6*3.2.
641)6:+.!35".*+/***+4*6*(/)6+)./+/.335
/.14penalty of DEATH by electrocution6*+4*63!556/3+)/+Alfredo Bito
4)*4.*)+.4*)*+6*/26+.45/.43 )*+53.5/.4/3
)/).)2)*+4)2+)4)(/)/D412)!+)4)(/ 3
G.R. Nos. L-33604-05 October 30, 1979 D1*//35266()6*12./56116*)/5)35//H)*+
THE PEOPLE OF THE PHILIPPINES, 12)6*6330)1122

:/
JESUS G. RUIZ and ALFREDO GUNO, )./+)1122)*/ ))*) , )-*+
K !
" #$ ACQUITTING accused Melquiades Ruiz from the charges of murder and frustrated murder on
reasonable doubt, his guilt in both cases not having been proved beyond moral certainty,
% & '
" with costs V
.
( " "I#"5)62*+1/+!)./+2@.6)+/.6A356/41)!
26!6*5)4.*3 8N6/5!++""

FERNANDEZ,
"6*1*".56/ N5+)!3,.2! 8)$..)*"6!5626116*/
This is an automatic review of the decision of the Court of First Instance of Agusan del Norte and Butuan City, Branch
11, in Criminal Cases Nos. 3323 and 3324, the dispositive part of which reads:
FOR ALL THE FOREGOING CONSIDERATIONS, the Court hereby renders judgment finding
accused Jesus G. Ruiz and Alfredo Guno
))*+

# !*+)/*)2+.35crime of frustrated homicide1:6++3)*+
1.*6/5+.*+B8)?*6**>.*6*96535:6/+*)2"+)*+
)?6*(6**/6+)6*5aggravating circumstance of nighttime9565/)6+)./+?
)+:)*)(36*+M56433./)+5466+4)/62!)*+965()
641.*6!)/1:6++36* B;N<35/)4"+965no mitigating circumstance to
offset the same5!/**//)6+)./+/.3356*+46*)1*)2!3 O;N<
3prision correccional)/46*64.4=; < 3prision mayor)/
4)D64.4965)225)//!1*)26/1:6++3!52)96*+4*63!33*++
1)!Amado Felia/4)*4.*)+.4*)*+6*/26+.46*5/.43 !9)!3
).)2)*+4)2+)4)(/3D1*//35266()6*)22965././6+6)!
6416/*4*6*)/36*/2:*!12./56116*)/5)35//
The accused being detained are hereby entitled to the FULL period of their preventive
imprisonment which shall be deducted from their term of imprisonment if each of them
agrees in writing to abide by the disciplinary rules imposed upon convicted prisoners, or
shall be credited with FOUR-FIFTHS (4/5) of their period of detention if they do not agree in
writing to abide by the rules imposed upon convicted prisoners, all in accordance with R.A.
6127 approved by the President only yesterday, July 15, 1970,
))*)
GUILTY beyond reasonable doubt of the crime of murder,1:6++3)*+1.*6/5+.*+

62B735:6/+*)2"+)*+)?6*(6**/6+)6*5aggravating
circumstance 6f nighttime 9565/)6+)./+?)+:)*)(36*+446564
34.+4)/62!)*+965()641.*6!)/1:6++36* B;N<35/)4
Jesus G. Ruiz, Alfredo Guno,Jose Inutan, Meiquiades Ruiz, Romeo Domancas Peter Doe and John Doe were charged in
the Court of First Instance of Agusan with murder in the following:
/4*++
INFORMATION
5.*+/6(*+//6/)*:6*6)2c6/)23(./)*).//JESUS G. RUIZ ALFREDO

GUNOJOSE INUTAN MELQUIADES RUIZ,ROMEO DUMANCAS PETER DOEand JOHN DOE 35
643MURDER0446+)/3229/-
5)*5 N5+)!34 8NN)).8-BM2?6*5evening)Barrio

Talisay4.*661)26!3nasipit province of Agusan, Philippines)*+9656*5>.6/+66*3
56/*)2".5):0*)4+)./+*/166*(*3+)6*()*+5216*(*
)*5965treachery)*+evident premeditation, taking advantage of the night and with
superior strength,armed with assorted high caliber weapons, and in contempt of public
authority+6+5*5*)*+59623.22!.*2)93.22!)*+32*6./2!9656**?622
))?)//).2)*+/5*Alfredo A. Bito, a sergeant of the Nasipit Police Force9562*
56/3366)2+.!6*3266*(.1*5649.*+/9565)./+56/6*/)*)*./+)5
"*)!2)9
$..)*"6!5626116*/,)*.)! 8N 56*34)6*9)/+?+)/"646*)2")/
Jesus G. Ruiz Alfredo

; GunoJose Inutan, Melquiades Ruiz, Romeo Domancas, Peter Doe and John Doe were charged
with double frustrated
murder in the Court of First Instance of Agusan in the following:

!#. %/%0/0 !(#%.(
<

5.*+/6(*+//6/)*:6*6)2c6/)23(./)*).//,#
# Pc

#, #I# # P#"K,35
643UDOUBLE FRUSTRATED MURDERU,446+)/3229/-

5)*).5 N5+)!34 8NN)).8-BM2?622)2:*6*(6*5
146//)*+:66*6!3)26/)!)/616(./)*5626116*/)*+9656*5>.6/+66*356/
*)2".5):0*)4+)./+*/166*(*3+)6*(*3).2)6*()*+
c 5216*(*)*5with treachery, evident premeditation, taking advantage of night-time,
with superior strength, in band, acted together, armed with assorted high caliber weapons,
and with the use of a vehicle,96-MInternational Scout, Pick-up, painted green)*+)6*(
12)0N7N+6+5*)*+596223.22!.*2)93.22!)*+32*6./2!966**?622
))?)//).2)*+66)22!9.*+6*(5/)6+Police Lieutenant Amado A. Felias and
Corporal Leonardo G. Galve, both members of the Nasipit Police Force while in the
performance of their official duties5./44*6*()*+1346*()225)/3
D.6**//)!4465643#.9*)21+.5/)6+
64!)/*3).//55)*5)./+9*+/6/)*)*+5)6/!)/*3
)2!4+6)2)*6**51)3266.*)*4)+c2 6)/)*+!5)/*
c 5)Police Corporal Leonardo A. Galve chased and pursued one of the assailants who
6 escaped from the scene of the shooting thus said Corporal Leonardo A. Galve did not suffer
any injury.
/

22*)!2)9-with the qualifying circumstances of alevosia5generic aggravating
circumstances of known premeditation and other aggravating circumstances to wit: taking
/ advantage of night time with superior strength, in band who have acted together and with
/ the use of a motor vehicle, and in contempt of public authorities.
6
/
$..)*"6!5626116*/,)*.)! 8N 56*34)6*9)/+?+)/"646*)2")/B
5/9646*)2)//91/.+)*+6+>6*2!.*+56/16:)4*++6*34)6*M/$35

;
6*34)6*M/9)4*++59three
other accused originally included, namely, Tony ZarcalManuel Timcang
and Jesus Maunes
Jr., but with leave of the trial court, they were excluded by the fiscal on the ground that the
benefit of the second stage of preliminary investigation before the Nasipit Municipal Court was not extended to
them. <

The cases against the two accused Jose Inutan and Romeo Dumancas were dismissed. The former died while
detained in the provincial
jail of Agusan del Norte while the latter had died even before these cases were actually
filed with the trial
court.

The facts, as statedin the appelleeUs brief, are:

c ).8-M2?6*54*6*(314 N 8NN9562(23+$6"12,)21
)*+)*)+
)2:)2244/35)/616269)5126/)6*;18
/*)! 8 <)./+,/./
.6A956/5/6+*356!:+6*()*+
)#*6*44*2!?*9*)/5 #)6:+5)965$*6)*6+6*(6*)16?0.1
);118/*)! 8N<5*)*+5,/./
.6A)*(62!@./6*+)
)2:
96-Galve where is that Honda which I donated why do you allow it to be used by
civilians?U Galve replied. UBecause it was used by Sgt. Alota ;1/*)! 8N<#1*
5)6*(56/)*/9Jesus G. Ruiz said: UYou policemen are all stupidMSgt. Bito stood up and
inquired of Jesus G. Ruiz, UWhat is that?U and Pat. Galve also asked the latter, UWhat is that
Bay, what are the mistakes of the policemen?U Then Jesus G. Ruiz said, UBay, you have
c nothing to do with this Sgt. Bito)*/9+,/./
.6A-UWhy did you say we policemen are
6 stupid, I am angry because I am a policeman also.UThereafter, Jesus G. Ruiz, in disgust,
immediately rode on his pickup and went away (p. 31, tsn, May 31, 1967) crisscrossing the
/ town streets (p. 33, tsn, May 31, 1967) until his pick-up was stopped and checked at the
Nasipit CubiCubi Check point which was then guarded by Pat. Iglesias who Inter reported to
the police station that Jesus G. Ruiz was mad at him for effecting the check on his (Jesus G.
RuizUs) pick-up car (p. 3, tsn, June 1, 1967).
/
/
6 5)/)4*6(5)).*+6(5M2?Mrs. Libertad Bito Ruiz9)/)5542)+)
/ )26/)!)/616(./)*+2;11 N N/*,)* 8N<11)6*(/456*()/6
9)/5birthday of her sister, NenitaAmong the people present in her house were her
) sisters Nenita and Cleotilde Mr. & Mrs. Teofisto Olamit and her younger brother, Sgt.
* Alfredo Bito959)/965Lt. Amado Felias and CpL Galve35)/616263;/*11
N0 NN,)* 8NH1 BB,)* 8N<These three members of the Nasipit Police
arrived in LibertadUs house in a police patrol jeep they parked on the right side of the road,
its rear beside the edge of the hallow blocks near the driveway of the VISLU office located in
front of the house of Libertad and partially blocking the driveway ;11 0 /*cB
8N<
:
6
$336*6/56*(56/.116)+5)+5/.*+3)16?0.1/16*3*35 #
*
336;1 N8/*,)* 8N<Thereafter, she went to the sala and heard the loud voice

6 of her uncle. Jesus G. Ruiz, shouting wrong parking, wrong parking /*,)* 8N<
Libertad at once informed Sgt. Bito of what she heard (p. 171, tsn, Jan. 31, 1967) and the
)
latter and his police companions transferred to the sala and continued eating there;<At
2
this juncture a cousin of LibertadUs husband Melquiades Ruiz arrived tsn p. 141, Jan. 23,

1967; pp. 171-172, Jan. 31, 1967) and told Cpl. Galve to come down as accused Jesus G. Ruiz
c
6 had something to tell him. Cpl. Galve obliged and went down, followed by Melquiades and
Lt. Felias (p. 7, tsn, June 6, 1967).
/

) Libertad who, at that moment was by her window near the door opposite the VISLU office
2 (p. 173, tsn, Jan. 31, 1967 ) saw the police patrol jeep along the other side of the street
facing towards the poblacion and Jesus G. RuizU green Scout International pick-up facing
3
towards the wharf (pp. 173-176, tsn, Jan. 31, 1967).

When Lt. Felias and Cpl. Galve reached their parked police patrol jeep, a heated exchange of greenpainted vehicle which not only did not stop but also tired upon them (pp. 35, 36, tsn,
words ensued between Cpl. Galve and accused Jesus G. Ruiz.52))/?+UWhy is it that Feb. 24, 196U1) hitting the left arm of Manuel Hao who was then holding Lt. Felias in his arms
this jeep is parked in front of the VISLU office when this is not a parking place?U Lt. Felias and causing the jeep to fall on a ditch (p. 37, tsn, Feb. 24, 1967). Fortunately, the jeep of
approached Jesus G. Ruiz, patted the latterUs shoulder and told him it was not Galve but he Sinforoso Ayuma was passing by on its way to Butuan City. They loaded Lt. Felias in AyumaUs
who drove the jeep and offered to push the jeep, as it had no starter, if the same obstructed jeep that brought him to Butuan City (p. 38, tsn, Feb. 24, 1967).
the view of the VISLU office;117/*,.*N 8N<At this juncture, Sgt. Bito came down
the house of his sister Libertad, and admonished accused Jesus G. Ruiz to talk softly and not
to shout (V.). Sgt. Bito told Jesus G. Ruiz that the latter was abusive (abusador) and c26)/9)/*36*+)5$..)*"6!/16)2344 8NN;1/*
challenged him to a draw (p. 206, tsn, Nov. 21, 1968). Accused Jesus G. Ruiz replied ULet us ,.*N 8N<9559)/)+532296*(6*>.6/-
see tomorrow. All of you will be fired out.U (p. 9, tsn, June 6, 1967) and immediately rode on
his green pickup and drove to town at fun speed (V.).3,/./
.6A5)+23c26)/ K70
.*/59.*+/5.)*+5.2356(5/..)*./
($6)*+"12
)2:1./5+5>1)*+9)/)2/)5/)49:5!+6+*
644+6)2!2):3512)6*)./($65)+(56/>)?5236*55./
36)+While the latterUs companions were waiting for Sgt. Bito, with the jeepUs motor KB0
.*/59.*+/5.)*+5.6(556(59653).3534.)).6/
already running, the accused Jesus G. Ruiz returned from the poblacion with accused Alfredo 46++2D566M#M1 <
GunoAntonio ZarcalJesus Maunes Jr., Romeo Dumangcas (p. 11, tsn, June 6, 1967) and Jose
Inutan (p. 12, tsn, June 6, 1967) riding on the same green pick-up. and stopped in front of the
5)359)/(6:*3.5)4*)5)6*)251+6/16)2)*+9)/
VISLU office (pp. 10-11, tsn, June 6, 1967). They stepped down from the pick-up, scattered
2)/+*2!*c.)!7 8N95*59)/12)+*12)/)/;<
themselves and took their respective positions-23+
.*9*5)2+62)16+)+
.?*)55./36)+;1 B/*,.*N 8N<.4)*()/(59655
5/9*5 #336;<9562Jesus G. Ruiz stayed near the pick-up and shouted: According to Dr. Francisco Yazon who physically examined Lt. Felias at the Butuan City
Tell Sgt. Bito that I want to encounter him.U;1 )*,.*N 8N<At that time Lt. Felias Hospital, the latter would have died from his wounds were it not for the timely medical
was sitting on the driverUs seat of the jeep with Patrolman Galve seated beside him, while intervention, due to (a) infection of the fractured bones and blood poisoning due to that
Patrolman Granada was leaning on the jeep. All of a sudden, a burst of gun fire came from infection; or (b) loss of blood (pp. 41, 42, tsn, June 9, 1967).
Alfredo Gunowho was by the dilapidated truck. Sgt. Bito who had just reached the road on
his way to the patrol jeep was hit on the leg,c26)/)26(5+34523/6+35>1
)*+9562(6*(9)+/53*5/)9($6)2)+!26416*(;1 N/*,.*N 8N< /11/4436*+6*(/!!+6))*+.*661)2)253363)/616
*54)*64Patrolman Galve has jumped out of the jeep upon being fired upon by Jose (./)*5+)/+(23+$6/./)6*+532296*(6*>.6/-
Inutan Galve returned the fire prompting Inutan to flee towards a dark alley with Galve in
hot pursuit;110N/*,.* 8NH13D5MNM1 N
.*36/+6+9)+/
c
-O "c

51)2>19)2//*46*(34533635 #)*+5(*16?0.1.?
;1B/*cB/*cB 8N<34955/)9Sgt. Bito drew his pistol and fired,
but thereafter the latter ran out of bullets Patrolman Granada threw his revolver to Sgt. "6.2)9.*+).9;<46*
Bito, who, however, was not able to catch it. By the time Sgt. Bito turned his face towards +6)4965*./++(/)54+6)2
Patrolman Granada, he was immediately shot at the mouth by accused Jesus G. Ruiz (p. 26, /.3)352(166*(5
tsn, Feb. 24, 1967). killing him (Sgt. Bito) on the spot (p. 27. tsn. Feb. 24, 1967). thereatter ()/546./4./2).36:;<6*5/
accused Jesus G. Ruiz nudged and prodded with his right foot Sgt. BitoUs body and after 295?*2626?9.*+).3.
finding him already dead, he (Jesus G. Ruiz) moved backward;18/*cB 8N< ;B<42*(51/6/.3)35
()/546./4./2965/26(5:6*
35+(/
With the lights comming from the electric lamp post of the VISLU office, as well as from
LibertadUs home and the other houses,c26)//)9)./+,/./
.6A36+)564965)
541/*/.4)56*(.*5)565356/56(5/;1 /*,.*N 8N<=5*5322 $:)29.*+295*)/)2/1.4
5/)9)24)*
)*)+))926*(.*+5>1;1 7/*,.*N 8N<)*+)22+5 ). 0 E42*(59656*:++(/
2)3521;/*1cB 8N<H1 8,.*N 8N<)24)*()*)+)9*5 22.115965)2:2))5+/!+
/.3c26)/)*+6+2)+5646*51)2>1.6*546+/3(.*3646*( )*+1)2)6**;5)+)*+/31)2)<
345 #3365!926(+)?:;1 /*cB 8N< 3.;B<5)*+)2222942)/9
4:+3456/?/
After the firing subsided, Patrolman Granada shouted for help. Jesus G. Ruiz approached
them and Pat Granada pleaded with Jesus G. Ruiz not to finish Lt. Felias who was then ))+9.*+ 0 E6*5/)523
already unconscious (p. 32, tsn, Feb. 24, 1967). At this, Jesus G. Ruiz returned to his green 1)6)2*
pick-up (tsn, p. 33, Feb. 24, 1967; p. 214, Nov. 21, 1968) and together with the wounded
Inutan, he hurriedly drove to the Butuan City Hospital (p. 216, tsn, Nov. 21 8N7<
G-
"6:626)*/)42))*+521+)24)*
)*)+)2)+5.**/6./c26)/6*5>1
5!1++5126/)6*2):6*(56*+($62!6*(*5:!/1955 M6495*
9)/?622+;1B/*cB 8N< D)46*+- -

Upon reaching the police station, Patrolman Granada reported the incident to the police
guard who advise him to take Lt. Felias to Butuan City for immediate treatment (pp. 34, 35, 4
tsn, Feb. 24, 1967). At CubI CubI along the way to Butuan City, their jeep was bumped by a 8NN
/64)+643
.*36/)434H5+/*?*9959)/6*(36+.1*H5)5?*9/,/ *.)*
)58- 5)544/5):6*(4564*5*6(534 N 8NNH5))35+:56/
16?0.1)+6/)*3).*4/H/4+!)11+5+!356/16?0.1H5)5
)/?+9569)/H5)5)*/99)/?2!/)6+59)/9.*++)*+9.2+26?4
N 8NN 6*(56455/16)2H5)5)229+ *.)*6+965564)*+1++$..)*
"6!He drive his pick-up straight to the PC barracks and stopped in front of the guardhouse.
He asked the guard if Capt. Collatio was in but the Guard replied: UNo, he is at the Elite
" c Restaurant.U So the witness asked the guard that he be, provided with a PC guard so that
$ - Capt. Collatio will believe him. Upon remembering that he was not able to bring with him his
permit to carry a firearm, he left his firearm at the guardhouse; that was the firearm he
carried with him on the night of the incident; that he deposited the same with Jose Cabillo of

the P.C that said PC examined the number of rounds and gave him a receipt for it, Exhibit 10;
that he drove to the Elite Restaurant with the P.C that the PC went upstairs and he waited
downstairs; that he met Capt. Collado that he told Capt. Collatio of the incident at Talisay;
")./3)5- that they went back to the PC headquarters; that upon arrival, Capt. Collado ordered that
")2
the bugle be sounded; that the men assembled and Edmundo Espiragoza was ordered to
545)(
take him to the guardhouse; that he wanted to go to Talisay with Capt. Collado, but the
latter told him to stay; that he stayed at the guardhouse from the evening of December 16,
**)2c6*+6*(/- to 28, 1966; Chat on December 17., 1966, he was investigated relative to the Talisay
34+ incident; ... 5
;D5MHN<M4 ./+Alfredo Guno*555)*+/636+)/3229/-
According to the lower court, the accused Jesus G. Ruiz testified to the following: 5)*4 N 8NN)3-he went home to the house of his elder brother;
that Eliazar Esparagoza brought him to the other wharf near the government wharf; that
they took EliazarUs jeep; that they stayed for about twenty minutes there at a small store
5)$6)*/9+5)59)/)./6*()*+5)22*(+564)+)9H5)56+6/)* owned by a certain Fely that from there, he went homeH5)6.6
.*26:/))*+6/5
34)559)/45)*94/)56/:!44*Hthat he answered him that 9*35.(*/).)*Hthat they took supper there and went to the dance at
he will not challenge Bito to a draw because he is a policeman; however, he will meet him Talisay near the house of Joe Jimenez; that while waiting for a tricycle, a green pick-up
the next day in front of the office of the mayor and the police if he wants a draw; that his passed by owned by accused Jesus G. Ruiz; that he was driving it; that he saw, among others
purpose was to deter him in BitoUs desire to fight him to a draw; that he turned his back on inside the pick-up, Jesus Maunes Jr.; that upon knowing it was going to Talisay, and upon
Bito and drove his pick-up and went to his house arriving there at past 8:30 in the evening-, being invited by Maunes Jr., he rode on it at the rear; that Maunes Jr. and he were at the
that he went up and told his wife about what happened that his wife laughted and rear; that there were three persons in front, Dumangcas and Inutan among others; that they
remarked: Uis there a policeman who will challenge you?U; that he stayed in his house sitting drove towards Talisay; that the pick-up stopped at the VISLU office; that he heard somebody
for almost an hour; that he noticed that there were policemen coming from the jeep; that he say-M$!(22!$)!5!)46*()?MH5)5/)994*.**6*(9)+/564H5)5
rode on his pick-up for Talisay passing by Eugene Restaurant at about 9:30 P.M.; that upon )*9)+/6/2)46/5./H5)55)+)/5H5)59)/36(5*+/55)++
arriving at Talisay for the second time that very night, he saw the police jeep moved already 35)*)235*2)*Hthat Esiabon a security guard of the Veneer Plant, asked:
from where it was parked by the policemen that his purpose in going to Talisay was to verify What is that? ; that he Identified himself by saying: UBay, Eslabon and asked where the
the relief, the night shift of VISLU laborers at 10:00 oUclock then loading on a Japanese boatH faucet was because he wanted to wash; that he went home after washing himself; that the
5)51264*5/)99c26)//66*()5)35>1
)2:!5/6+35 next morning he was arrested by the police; that his affidavit was taken by Sgt. Pates of the
>1)*+$6/6+
)2:H5)5/)9
)*)+))351)?+56/16?0.16*3*35 P.C Chat when he was shown to Mrs. Libertad Bito Ruiz, she said UIt seems that he is the one.
5./3.6/c)2*))*+95*59*+9*56/16?0.1he was met by Granada who told ; that he was placed in jail in Nasipit; that he was asked by Libertad to testify against accused
him the jeep was already moved forward; that it was while he was conversing with Granada Jesus G. Ruiz; otherwise, she will implicate him; ... that the PC took him to the PC barracks
for a few minutes that he heard a loud voice challenging him to a draw; that at that where his second affidavit was taken again by PC Sgt. Pates that he did not sign his second
moment, he moved backward with his left foot so he would be in a position to face his affidavit because the PC did not let him sign it because they crumpled it as the contents
challenger, but when he moved backward, he heard a shot; that the gunshot came from the were the same as his first affidavit taken at Nasipit; ... 6
rear of the police patrol jeep; that he did not see Felias Galve and Bito, but the gunfire came
from behind the patrol jeep; that he sought cover by hitting the ground; that after the first
shot, came several shots. 5*6*.+)926*(*5(.*+6*+/)1345 5)./+,/./
.6A)*+5)./+23+
.*91/*+!9+633*.*/2/ 3
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.6A)//6(*/532296*(/-
9)+/56/16?0.1H5)5/:)2/5/5)3229+536//5)43451)2
>1H5)95*5)5+56/16?0.15.*+53*)92+53*356/16?0

.1H5)5+6+*5))*!/5/)*!4H5)5/+)*+/:+5/6.)6*34
955.2+*/*34955/5/)4345)3/5/)*()()6*
c)6*(59)/6*+)*(5644+6)2!)*6*)/16*(1/66*1)//6*(!5/6+35 ="#

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56/16?0.1)()6*6*)/16*(1/66*#1*)56*(56/16?0.151*+5+
/)+644+6)2!6/4)*++:)9)!9)+/595)3H5)*5*6(535
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,# 8
c
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The assingment of errors of the accused Jesus G. Ruiz will be discussed first.
"# 12( c

#

c$
Contrary to the contention of the accused Jesus G. Ruiz, the lower court did not err in giving credence to the evidence
of the prosecution. There is nothing incredible in the testimony of prosecution witness Libertad Bito Ruiz in so far as
it points to the accused Jesus G. Ruiz as the person who shot her younger brother, Sgt.. Alfredo Bito. She testified on
"
c direct examination thus:
"# 12(

c
# *+95* /)94!!.*(5;36*((23+$6<.*6*(56/5)+9)+/
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# #"2/0(=
#c" "

#"# 12(
" $ Q Since you were still looking at that particular direction, will you
" "=
c "
tell the Court what did you see, if any? (p. 4, tsn, Feb. 1, 1967) UA
,# #c$ $# " "B$"# c " Uncle Jesus G. Ruiz kicked the left knee of Sgt. Vito (Bito) by his
,# #c26)/
c#c
right foot (p. 6, tsn, Feb. 1, 1967) U "
M
#" " c " ,# c
#
*//0D)46*)6*6)++2)+)/3229/-

c
IWhen you saw Jesus G. Ruiz, to what direction was he directing
his fire?
# #"2/0(c
#"#$ $
ccc$ " "#

c "=##$ "# 12(
A On the face of my brother.
G
c$ =# c "
Q Did he have his arm automatically stretched when he fired?

c
A Quite bent.
#
#=
#cc

# $c ,# c "#c
$ Q And how many times did he fire?
"# 12(

When he was near Sgt. Bito, I heard only one shot;1)* While it is true that Libertad testified that Alfredo Gunoand Romeo Dumancas also fired at Sgt. Bito, they could not
c 8N< have caused the fatal wound sustained by Sgt. Bito. Guno could have only hit the leg of Sgt. Bito who was seen
limping immediately after the first shot fired at him by said Guno. On the other hand, Romeo Dumancas only fired
towards Sgt. Bito and also towards the jeep which was more than five (5) meters. Therefore, Dumancas could not
DDDDDDDDD have been responsible for the fatal wound which was caused by a bullet fired from a gun at close range or at a
distance of not more than 24 inches.
I*+)39)+/95)5)11*+($6J
In order to discredit Libertad, the accused Jesus G. Ruiz brands her as a biased witness because of her relationship
15
/2.41++9* with the victim. The fact that Libertad is the sister of the deceased Sgt. Bito does not necessarily make her a biased
witness. The prevailing jurisprudence on the matter is that mere relationship of the prosecution witnesses to the
16
victim does not necessarily vitiate their otherwise credible testimonies nor does it impair their positive and clear
17
I3($6/2.41++9*95)2/+6+,/./.6A+J testimonies.
9**)($6)*+?6?+96556/6(53523?* Besides, Libertad is also related to the accused Jesus G. Ruiz, the former being married to the latterUs nephew,
34!5;1/*c 8N<9 Manuel Ruiz. Moreover, Libertad had been working in the VISLU office for several years. Her continued employment
with VISLU must have been with the blessings of her uncle, the accused Ruiz, its perennial president. Hence Libertad
was not likely to testify falsely against the accused Ruiz.
The foregoing testimony of Libertad that the accused Jesus G. Ruiz fired at the face of Sgt. Bito is corroborated by Pat.
Granada who declared thus:
The prosecution witness, Pat. Granada, had no motive to testify falsely against the accused Jesus G. Ruiz. Pat.
Granada was the friend of Jesus G. Ruiz. Pat. Granada had been allowed by Ruiz to stay in the latterUs house for about
I=5)5)11*+*D)3!.9*.*+5>1J
two months.
($6+)956/16/2)*+36+

56/*466*5**6*5)($6/./)6*+*2!*.229.*+ 18 Dr. Lydia San Pedro stated in her
medical certificate (Exhibit "L") and declared that the deceased Bito, sustained at least two bullet wounds of entry,
I*+95)5)11*+*DJ one on the left leg below the knee and another oval wound below the nasal system about 1-1/2 centimeters in length
with inverted edges. 19
3536+)./55)/*4.2255956/16/2

4 5)(.4*35.*/235)./+,/./
.6A5)51/.6*3)62+1/*)*!596*//
)5+61)661)6*3)./+,/./
.6A6*5?6226*(3($6)*+59.*+6*(3c26)/20
46//)**/6+)6*)./-
I*+95)+6+5+J
(1) LibertadUs testimony that Jesus G. Ruiz fired at Sgt. Bito is not only corroborated by the testimony of Pat. Granada,
He told me he has no more bullet, give me your revolver. but also by that of witness Antonio Zarca 21 and
Q When I threw my revolver to him he was not able to catch it and (2) Lt. Felias testified that he saw the accused Jesus G. Ruiz fire and hit him on both thighs 22 and this is partly
then when he faced to me, when he turned his face to me, he was corroborated by Pat. Granada who declared, among others, that he saw gunfire from the green pick-up where Jesus
immediately shot by Jesus G. Ruiz at the mouth. (p. 26, tsn, Feb. 24, G. Ruiz was and which was directed at the police jeep where Lt. Felias was sitting behind its steering wheel.
1967)U 10
In an effort to minimize the penalty for the crimes committed by the accused, Jesus G. Ruiz, the defense claims that
The testimonies of Libertad Bito Ruiz and Pat. Granada that the accused Jesus G. Ruiz fired the fatal shot at Sgt. Bito the lower court failed to appreciate in favor of Ruiz the mitigating circumstances of (1) voluntary surrender, (2)
is confirmed by the physical facts as reflected in the post mortem report of Dr. Lydia San Pedro who found that drunkenness which is not habitual and (3) having acted in vindication of a grave offense.2356/".36*+/5)5
among the injuries sustained by the deceased Sgt. Bito is an "oval wound below the nasal system about 1-1/2 cm. 36/9)22(+466()6*(6.4/)*/)**)116)+6*3):3/)6+)./+56/*56*(6*5
length with inverted edges" 11 which is within the area of the face. Dr. San Pedro testified that judging from the )336+):6)*+/64*!3,/./
.6A5)56**++/.*+95*59*5"5)+@.)/2)6*5
nature and characteristic of the wound found on the upper lip near the nose (nasal system), it is a bullet wound. 12 :*6*(34 N 8NN5 +)3/.*+4./5):*3)3456/46*+)./)+6*(5645
>./1+5/56*(6*6+*1:*3.52+/5+24//:+!56/".6*5)/3&

# -25
6?96/5/64*!36)+5)5)./+,/./
.6A9)/*)($695*53436+.1*5
13
2)6/*364+!51/*3the "blackened area in the nasal system" 35+)/++6*(
!+6))*+56/6/6*+6)6:35/5+6/)*3*45)*B6*5/9*54.AA235(.*./+ appellant did not go to the PC headquarters after the shooting to surrender but to report
)*+5+)/+14 the incident. Indeed he never evinced any desire to own the responsibility for the killing of
the deceased.
5**6*35)./+,/./
.6A5)5/64*6/3)24)*
)2:)*+6)+/595)5)2
11)/35?6226*(3($6)23+
.*)*+4.4)*)/3)62/)?6*).*515!/6)2 The defense claims that the accused Jesus G. Ruiz was intoxicatedat the time of the shooting incident because he
3)/)/()+/5*).5))6/6/)*+2)6*/359.*+//./)6*+!5:664c.5456/ was allegedly drinking V liquor. He even offered prosecution witness Antonio Zareal to join him. This
*56*(6*)
)2:M/*6/64*!5)9.2+64126)4.4)*)/6*5?6226*(3($6 conclusion is without any basis. Not all persons who drink V liquor get drunk. In fact, prosecution witness
Zarcal did not testify that Jesus G. Ruiz was drunk or intoxicated5+5)/*:6+*5)/59/5)5
26@.)?*!,/./
.6A9)/3/.5@.)*6!)/5):2.+56/)/*)*++16:+5643/23*2)6+
6.4/)*4./36//)26/5+3+.*?**//4)!*/6++)/)466()6*(6.4/)*. Although 5.M/3./)226:)./+
.*/1*/6*/5)5+6+*5):16?*92+().53546*(
the last paragraph of Art. 15, Revised Penal Code. fails to provide for the degree of intoxication needed to mitigate /59+9*9*54)*+($6)*+56/12641)*6*/
the penalty for an offense, it should be such an intoxication that would diminish the agentUs capacity to know the
injustice of his acts, and his will to act accordingly. 26
The conviction of Alfredo Gunois anchored on the strong evidence adduced pointing to him as the person who shot
Sgt. Bito on the left leg. It is not only the testimony of Mrs. Libertad Bito Ruiz which proves this point. The
29 30 31
*5)/))55):63)./+,/./
.6A3456459)//*)56/5./6*512)6*! corroborative testimonies of Panfilo Granada, Lt. Amado FeIias and Manuel Timcang stand assailed Therefore,
1/.6*96*//P))2+6*?6*()*+.)!26@..15/56*(6*6+*+6+*/595)59)/6*/.5)/6(* the allegation of the accused Gunothat Mrs. Libertad Bito Ruiz could not have possibly seen accused Gunofire at Sgt.
36*D6)6*5)9.2+466()56/26)626!It is significant to note that the defense only interposed on appeal the Bito because of the presence of the manzanita tree which obstructed her view, as testified to by Collado, cannot
alleged mitigating circumstance of drunkenness of Jesus G. Ruiz. Said accused never claimed during the trial that he affect the conclusion of the lower court. As regards the second error assigned, the accused Gunoattempts to discredit
was drunk at any time during the shooting incident in question. There is nothing in the testimony of accused Jesus G. the testimony of witness Libertad Bito Ruiz by invoking the maxim or rule of falsus in unos falsus in . It is
Ruiz to show that he was drunk or intoxicated during the said incident pointed out that a portion of her testimony implicating the accused Melquiades Ruiz was disregarded by the lower
court because Libertad "was testifying more from emotion than what she actually saw from the window of her house
in the semi--darkness of the night of the incident, specially if we are to remember that Bito was her younger brother.
However, this Court finds that the mitigating circumstance of having acted in vindication of a grave offense should be "
appreciated in favor of the accused Ruiz in so far as the killing of Sgt. Bito is concerned. The lower Court made the
following findings and conclusions.
56+4)D64+)2/*2!965596(53:6+*)*+6/*)1/66:.232)93.*6:/)2)1126)6*Q
/5.2+*)1126+16*/35/64*!)+!5:6+*1)6.2)2!9553)2/
14. That accused Jesus G. Ruiz and Bito were Caught in an argument over the parking of the 16*/.2+6***)?/c.545.2 46/*4)*+)!.42!
jeep that caused Jesus Ruiz to leave the place hurriedly in his free pick-up towards town; (p. /)*6*/)+6/()+35/64*!3)96*//6356.4/)*//9))*c5412+6/()+3)22
70, Sentence; p. 641, Rec.) 5/64*!396*//*56/(.*+56//64*!4./5):*3)2/)/)4)6)216*)*+5)96*//
4./5):*/6./)*++26)6**6*3)2/63!)4)6)216*34
$.)/)+46+!551/.6*)*+5+3*/6*++.16*)*)(.4*
9*)./+,/./
.6A)*+$69551/.6***+/5)$6)+:6/+ In the case at bar, the lower court disregarded that portion of LibertadUs testimony implicating Melquiades Ruiz
)./+,/./
.6A)2?/32!)*+*/5.)*+95)./+,/./
.6A**+/ because she was then testifying more from emotion so that it cannot be said that she consciously and deliberately
$6)/?+56495)59)*+)22+564;)./)+<.246*)6*(6*56/6*(5)22*(+! intended to falsify a material point. Hence, her entire testimony need not be disregarded. Her testimony that accused
$6)+)9If a balance of probabilities is struck, the only rational conclusion consistent Gunoshot Sgt. Bito at the left leg is sufficiently corroborated by the testimonies of Pat. Panfilo Granada, Lt. Amador
with the natural order of things and the experience of man, is that accused Jesus G. Ruiz Felias and Manuel Tim cang
must have felt insulted, if not slighted if not hurt, if not deeply offended, inconvenienced as
he was by the jeep and then ending up only to be called (abusador) and challenged to a
draw by Bito (Exh. X-12), which doubtless, fired in accused Jesus G. Ruiz a desire to get even 5**6*35)./+
.*5)51/.6*96*///)
)*)+))
)2:)*+c26)/)6)/+
with Bito.;117 07**11NN< )./5!)55/6*)4/3($66/.**)2/64*6/36*/+96*///)**//)62!
6)/+)*+6*+623*5*)!69.2+.**).)23/.51/*/6*/+6*:6*+6)6*(564
641.5/)4)*!1/*55)*5//1*/62
5:6+*/59/!*+4)2)6*!5))./+,/./
.6A+12!33*++)/5
9)/5*)22+;)./)+<)*+5)22*(+!$6)+)9)446*./2))26/)!
965+)/+ *.)*)*+.4)*()/)*+)./+
.6965P))2)*+).A6/,;11 #*+556+)///4*35)./+
.*)//)62/529.M/36*+6*(3*/16)!)4*(
.*)*+
0 **H11N0N<27 .6A)*+**+/5)6*)/4.5)/5116*:6+*/59/5)5)./+
.*)++516?0.1)
.(*/).)*965.)*!*:/)6*5):6*()?*12)9*54)*+5)+*5)**3*59)!
)26/)!5.2+*1//6246*(3546*+/9*54*/6.*/16)!H355)59)/*
The question of whether or not a certain personal offense is grave is dependent upon such factors as the social 64)5)*)(4*446564/6*59)/):!/5/1)*3649*56495*5
standing of the person, the place, and the Lime when the insult was made. In the case at bar, the accused Ruiz was )./+.6A9)/+12!33*++)/59)/)22+;)./)+<)*+5)22*(+!$6)+)9)*+56495*
the President of the factory Stevedoring and Labor Union VISLU Considering that he was called an (abusador) and )./+.6A)4)?)26/)!965 *.)*)*+.4)*)/)*+)./+
.*965P))2)*+).*/,H36)*+5)
challenged to a draw by the deceased, Sgt. Bito, in the presence of Lt. Felias and Cpl. Galve and right in front of his 5)./+
.*9)/*2!)5)*1)//*(6*516?0.14./59)/(6*()1)!)*+5?)+:)*)(3
own office building where his laborers were then supposed to be reporting preparatory to a loading job, the act of 5*2!):)62)2)*/1)6*5*37
the accused Ruiz in subsequently killing Sgt. Bito is attended by the mitigating circumstance of having acted in
vindication of a grave offense.
The contentions of accused Gunoare not meritorious. It is a well- settled rule that conspiracy need not be proved by
direct evidence and may be deduced from the mode and manner in which the offense was perpetrated. 38
This Court will now discuss the errors assigned by the accused, Alfredo Guno.
The finding that there was conspiracy between the two accused Ruiz and Gunowas proven by the following :
**536/)//6(*+5)./+23+
.***+/5)-
1. In their boarding together of accused Jesus G.RuizU pickup minutes after Jesus G. Ruiz
5". 353+(6:./2!95*6*2.++5))./)1122)*
.*)*)9)!3459 admitted he was calm by Bito (abusador) was then and there challenged by Bito to a draw;
4*95.**6*(9)+5645)*6(559)/(.62!3/56*())*+566*(($6/2(28
2. In their proceeding immediately to Talisay where Bito was;

5)./+23+
.*/.46/5)53(6*(*2./6*6/)/+*4/./166*
3. In their alighting immediately from the pick-up upon arrival at Talisay and their taking of
56/**6*1+/345*./)//.416*5)5)3@.+16*35+6/6**/6./5 their respective positions in the scene of the crime;
/2)/6/3529.6**:66*(5)./+
.*5)3@.+/:)6*/)4>./636)6*/3
4. In their firing simultaneously and at will at Felias Bito and Galve; Since conspiracy has been established, the rule is every conspirator is responsible for the acts of the others in the
furtherance of conspiracy and are liable as co-principals. 42 Therefore, although the shot fired by the accused Gunoat
Sgt. Bito only hit the latterUs left leg, the former is still liable as co-principal for the death of said Sgt. Bito. Also, the
5. In their getting away in the same pick-up of accused Jesus G. Ruiz after their shooting of accused Gunoshould be held liable as co-principal for the injuries inflicted upon Amado Felias and Leonardo Galve.
Felias Bito and Galve, except crossing the canal breast deep with sea water behind the house
of Libertad;
()+6*(53.5)//6(*4*35)./+
.***+/5)529.+6*)2296*(6/23
/9)!+6**+6*(5+6/6*.*+:69!6/1>.+6)*+6)/)()6*/5645)./+
.*6+5
6. In accused Jesus G. RuizU bringing the wounded Inutan to the hospital for treatment right 32296*(6*6+*/1:56/**6*
after the incident;
; <=5*6)+$6.6A1/.6*96*//9)/.*++6D)46*)6*)*+)11)+

7. In their pattern of feigning total ignorance as to who were shooting at when on the night 5):6*(/4+6336.2!6*)*/96*(5c6/)2M/@./6*5". 12( 2+5c6/)2-
of the incident; and
345@./6*/.65)*/9;/*2 11 70 77<

8. In the unexplained failure of Inutan to file, during his lifetime, the proper criminal
complaint against Felias and Galve, who together with deceased Bito, shot him and
wounded him by his buttocks 39 ;<=5*)1122)*
.*9)//63!6*(6*56/9*5)23)*+*+6D)46*)6*9)/
6*()/?+).50)./+.4)*()/955)+)2)+!+6+5".965.(6:6*(
.*/2)5)*D12)6*54)6)26!35@./6*/./)6*+5c6/)2M/>6*
This Court finds no merit in the contention of the accused Gunothat there could be no conspiracy because there was /)!6*(-
very little time for them to have reached the agreement to commit the crime. The prevailing rule is that "unlike in
evident premeditation, where a sufficient time must elapse to afford full opportunity for meditation and reflection
and for hes perpetrators to deliberate on the consequences of their intended deed 40 conspiracy arises on the very Do not show concern for Romming Dumangcas; he is dead now.
instant the plotters prosecution had not moved for the striking out of such testimony;/*2 1N < Concentrate your fire on your client; he is still breathing.U (t.s.n.,
Vol. III, pp. 597-598).
;B<5". 12( D)46*+)1122)*
.*D*/6:2!;/*2 11N70N <)*+
95*+3*/.*/2/.4+56/+6@./6*/32296*(526*35".M/ ;<5". 3 ++5/6?6*(.3)16*3)1122)*
.*/+6
6*()6**5/)44)5". 36*/./)6*6*(5c6/)2M/>6*/)+- /64*!:*5.(551R
5".M/16:62(6/*35.*/234;/*2 1N0 5. We agree that the proposition that judges should refrain from showing partiality to one
<41 party and hostility to another. This does not mean however., that he should keep mum
throughout the trial and allow the parties to ask questions even if they are improper,
irrelevant and immaterial to the issues involved. If trials are to be expedited, judges should
The contention of the accused Gunois without merit because, as stated by the appellee: take a leading part by directing counsel to submit evidence on facts, by asking clarifying
questions and by showing an interest in its speedy and fair termination. Unless they do, the
56*6+*/6+!)1122)*
.*;11BB $631122)*23+
.*)42! speedy administration of justice which is the aim of the government and of the people
6**../)*+6/2)+4)?/34529.+.6*(52*(+)9*.6)235/ cannot be attained., 43
9646*)2)//5!9.(5).!529.M/:6./+/6D1+6
51+6*(/965()+5111/*)6*3:6+*!51)6/ 53(6*(+6/.//6*)2/+6/1//353635)*+/6D5/)//6(*+
*56*/3>./6./5):+6/6*+5/6?6*(.3)*!16*3) 5**6*35)./+
.*.*+5/:*5)//6(*+5)5?6226*(3($69)/*4.+.
96*//M/64*!635/)46/*/1*/6:5@./6*11.*++.5+* *2!5466+*5(.*+5)59)/*65)5!:6+*14+6)6*6/9*)?*
4)/5))65644)6)26416**62:)***1>.+6*6)/*
51)3529.4)!3+.3)/516*3)1122)*
.*/+6
/64*!;/*2 1N < After analyzing the testimonies of the witnesses for the prosecution and the defense, the trial court found that the
shooting incident took place in the following manner:
As to the lower courtUs extensive examination of appellant Guno(t.s.n., Vol. III, pp. 608-
612), there is nothing objectionable about it. There is authority to the effect that the active (6*96559526*6+**5*6(534 N 8NN/)+96551)6+
participation taken by a judge in the conduct of a trial motivated by a desire to expedite the 2?6*(!c26)/$6)*+
)2:3561261)2>1!5+6:9)!35 #336
proceedings and direct the course thereof in accordance with the real issues involved should 56/141+)./+,/./
.6A:63!)/95+:5/)4)*+)/?5)5
not be taken as interest nor partiahty nor hostility on the part of the judge (Ventura vs. >14:+39)+$.)/)+46+!551/.6*)*+5+3*/6*++0.1
Yatco, L-11223, March 16, 1959). 6*)*)(.4*)./+,/./
.6A)*+$6955166***+/5)$6)*+
)./+,/./
.6A)2?/32!)*+*/5.)*+95)./+,/./
.6A
**+/$6)/?+56495)59)*+)22+Q)./)+Q6*(6*56/6*(!$6)+)9
B6(*636)*2!9562)1122)*
.*5)1/*56/2)+4)?/351/6+6*(>.+( 3)31)6266/6//.?5*2!)6*)2*2./6**/6/*9655+356*(/
9565564)11)1>.+66)2)*+6)/+;95653./56/1/*)6*+/* )*+5D16*34)*6/5))./+,9/
.6A4./5):326*/.2+63*/26(5+
)+46)/.2+D1+/)6+)1122)*5/6(*554)?/)*+.26*(/3 63*5.63*+12!33*++6**:*6*+)/59)/!51)6)22?6*(356/
529.9565)3):)256/)./)(D1//2!64126+2!4465 +6:9)!!5>1)*+5**+6*(.1*2!1)22+;)./)+<)*+)+)9!$6
32*!)*+35965+6+1./.6Q5):0*.4)+6(56.4/)*/1: ;D566O0 <9565+.2//36+6*)./+,/./
.6A)+/6(:*965$6
51/*3*/16)!
$#36*+6*(564/23)2*3c26)/$6)*+
)2:959)4+)/5!9 112!6*(56*+46*)**)9)/)4*++532296*(16*61)21*)26//5.2+641/+.1*)5
/.11/+6*(126336/.2+*4)?)4:5*56/141+)./+ 35)./+-
,/./
.6A2):5.6+2!6*56/(*16?0.139*)*+46*./2))4)?
965+)/+ *.)*)*+.4)*()/)./+
.*P))2)*+).*/,$644+
5))./+,/./
.6A23)26/)!)36*()22+;)./)+<!$6)*+16)22 In Criminal Case No. 3323 for homicide R/.33)*6*+*6*)1*)2!36(5;7<!)/)*+*; <+)!3
)359)/5)22*(+!$6)+)9)//636+!5645*2!)6*)2 )/46*64.43.*; B<!)/)*+6(5;7<4*5/3 )/6/4)D64.4
*2./6**/6/*9655*).)2+356*(/)*+5D16*34)*6/5)
)./+,/./
.6A6*56//*+(6*()26/)!56/646*41)*!965 *.)* In Criminal Case No. 3324 for frustrated homicide R/.33)*6*+46*)1*)2!33.;B<!)/9;<
.4)*()/
.*P))2)*+).*/,9)/5220*3)/59+9*965$6 4*5/)*+*; <+)!3 )/46*64.46(5;7<!)/316/6*4)!)/4)D64.4
69)/*)/.16/6*(56*(6*5*/6++16*6*35".5).1*)./+ 5)./+,/./

.6A)*+23+
.*)++>6*2!)*+/:)22!6*+4*63!556/35+)/+
,/./
.6AM/*+)6:)26*)26/)!46*./)359)/)22+!$6;)./)+<)*+9)/ 23+$65/.43 )*+6*+4*63!>6*2!)*+/:)22!533*++1)!4)+c26)/5/.43
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From the foregoing facts, it is clear that there was neither treachery nor evident premeditation.
! 56 K % " 4 0 % 7
Evident premeditation was not present in the case at bar because there was no "sufficient lapse of time between the
45
determination and execution to allow him to reflect upon the consequences of his act.
.

/*!5+5)./+.6A9)/)22+)*;)./)+<)*+9)/5)22*(+Q)+)9Q!$6)).*+
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2)1/+59)/*/.3366*64359)./+22!)*+/*2!56*?)*++26)*54)*6*( 3
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ÈFootnotes
The attack on the policemen by Jesus G. Ruiz and Alfredo Gunowas not suddenMoreover, there was already a

previous altercation between the policemen on the one hand, and the two accused and their companions on the
other hand. A heated exchange of words had taken place between Sgt. Bito and the accused Jesus G. Ruiz over the
parking of the police jeep in front of the VISLU office. When the accused, Jesus G. Ruiz, and his companions returned
from the poblacion, the accused Alfredo GunoAntonio ZarcalJesus Maunes Jr. and Romeo Dumancas were riding in
the sanie pick-up. They stopped in front of the VISLU office, stepped down from the pick-up, and took different
positions. Alfredo Gunowent to a truck near Libertad and Dumancas, together with the others, went to the VISLU
office. The accused, Jesus G. Ruiz, went near the pickup and shouted "Tell Sgt. Bito that I want to encounter him."
The accused gave a warning to the policeman before the former opened fire. In fact, Sgt. Bito was able to return the
fire. The policemen could seek cover and fire back. It was a shootout, plain and simple, between the policemen on
the one hand, and the two accused and their companions on the other hand.
c453)/3.*+!56)2.66/:6+*5)59)./++6+*412!4)*/446564

9626.6/?54/2:/
)5!6/1/*95*5)//).29)//.++*)*+).*//1+)*+5:664+6+*5):5/26(5/
11.*6!+3*+564/2346
There was no abuse of superior strength. The number of persons who shot at the policemen did not greatly
outnumber the victims. Moreover, the incident was a shootout where the protagonists had equal opportunity to
defend themselves.
56/*)/6/35)9)+34)2)*+D412)!+)4)(/)*+D1*//3266()6*
WHEREFORE the decision reviewed is modified in that the two accused, Jesus G. Ruiz and Alfredo Gunoare hereby
declared guilty of the crimes of homicide and frustrated homicide with mitigatin circumstance of immediate
vindication of a grave offense. Hence, the penalties for the crimes committed should be imposed in the minimum
periods.

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