Facts:

The case revolves around Eliseo V. Aguilar (petitioner), who is the father of the deceased Francisco M. Aguilar, also known as "Tetet". On April 10, 2002, Aguilar filed a criminal complaint for murder against several members of a police and military team, alleging that they unlawfully arrested and subsequently killed his son. The incident in question occurred on February 1, 2002, in Sitio Talipapa, Barangay Pag-asa, Sablayan, Occidental Mindoro. The petitioner claimed that Tetet was arrested under dubious charges of extortion and suspicions of being affiliated with the Communist Party of the Philippines/National People’s Army. Despite Tetet's peaceful surrender, it was alleged that he was severely beaten, restrained, and eventually shot multiple times after he attempted to pull a grenade from a soldier's bandolier while he was being taken into custody. Witnesses corroborated the petitioner’s claims, stating they observed Tetet attempting to surrender but being

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Facts:

Parties and Background

• Petitioner's Identity and Role

- Eliseo V. Aguilar is the petitioner and father of Francisco M. Aguilar, alias Tetet. - Respondents include members of the Sablayan Occidental Mindoro Police Force: SPO3 Gregardro A. Villar, SPO1 Ramon M. Lara, SPO1 Alex L. Acaylar, PO1 Leo T. Dangupon, and PO1 Jovannie C. Balicol; and members of the Philippine Army: 1st Lt. Philip Fortuno and Cpl. Edilberto Abordo.

Incident Involving Tetet

• Arrest and Initial Allegations

- On February 1, 2002, Tetet was apprehended at Sitio Talipapa, Brgy. Pag-asa, Sablayan, Occidental Mindoro. - He was detained on suspicion of involvement in extortion and alleged membership in the Communist Party of the Philippines/National Democratic Front. - Despite Tetet’s peaceful surrender, he was reportedly maltreated by the arresting officers. - Specific acts included being struck with the butts of rifles and having his hands tied behind his back using a black electric wire. - After being transported on a military jeep, Tetet was brought to the Viga River where he was gunned down. - Witnesses Adelaida Samillano and Rolando Corcotchea testified that Tetet raised his hands in surrender but was still attacked. - A medical certificate issued by Dr. Neil Bryan V. Gamilla documented multiple injuries: two lacerated wounds on the frontal area, a linear chest abrasion, and five gunshot wounds.

Competing Accounts and Operational Details

• Respondents’ Version of Events

- The police and military team, operating under Chief of Police Marcos Barte and led in part by Fortuno, contended that Tetet was targeted as part of an entrapment operation for an extortion scheme involving businesswoman Estelita Macaraig. - They explained that Tetet was apprehended at a designated location mentioned in his extortion letters. - Near 11:00 a.m. on February 1, 2002, after Tetet was re-apprehended by Sgt. Ferdinand S. Hermoso while receiving money, complications arose. - While Tetet was being transported, he allegedly attempted to indicate the hiding place of his companions by pulling a hand grenade from Cpl. Abordo’s bandolier. - In response, PO1 Leo T. Dangupon reportedly fired four shots at a distance of about one yard.

Investigations and Pre-Prosecution Proceedings

• Independent Inquiries

- The Commission on Human Rights (CHR) investigated Tetet’s death, ultimately recommending dismissal for lack of sufficient evidence. - The Office of the Provincial Director of the Occidental Mindoro Police conducted an independent inquiry that similarly recommended the dismissal of charges, asserting that the operation was a legitimate entrapment and the killing was an act of self-defense and/or defense of a stranger. - In a Resolution dated March 10, 2003, the Provincial Prosecutor, Levitico B. Salcedo, dismissed the criminal complaint against all respondents—except for Barte, who had died—on the grounds of lack of probable cause. - The ruling underscored that Dangupon’s shooting was performed either in self-defense, defense of a stranger, or in the lawful exercise of duty. - On November 27, 2008, the DOJ affirmed the dismissal based on similar reasoning, emphasizing that no evidence established conspiracy or direct participation by the respondents in Tetet’s murder. - Petitioner's subsequent petition for certiorari was dismissed by the CA in a Decision dated June 30, 2011, which echoed the DOJ’s findings, particularly stressing respondents’ presumption of innocence and the absence of proof regarding deliberate execution.

Petition for Certiorari and the Core Contention

• Grounds of the Petition

- Petitioner argued the extralegal killing of his son, Tetet, required a reexamination of the dismissal of the criminal complaint. - The contention centered on whether the CA erred in finding that the DOJ did not gravely abuse its discretion in upholding the dismissal.

Issue:

• Whether the Court of Appeals erred in determining that the Department of Justice did not gravely abuse its discretion by upholding the dismissal of the petitioner's criminal complaint for murder.
• Whether the evidence, particularly the admission by Dangupon and the surrounding circumstances, suffices to establish probable cause for the criminal charges against the implicated respondents.
• Whether the application of the presumption of innocence and the invocation of justifying circumstances (self-defense, defense of a stranger, or lawful performance of duty) adequately shield the respondents from criminal liability in the context of an extralegal killing.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)