Case Digest (G.R. No. 148431)
Facts:
In this case, SPO2 Ruperto Cabanlig, along with his co-accused SPO1 Carlos Padilla, PO2 Meinhart Abesamis, SPO2 Lucio Mercado, and SPO1 Rady Esteban, were charged with murder arising from the fatal shooting of one Jimmy Valino on September 28, 1992, in Barangay Sinasahan, Municipality of Penaranda, Nueva Ecija. Valino was under police custody as a detained suspect for robbery, and the police officers were escorting him to retrieve stolen items. During transport aboard a police Isuzu pick-up jeep, Valino unexpectedly grabbed an M16 Armalite from SPO2 Mercado and attempted to escape. Without issuing a warning, SPO2 Cabanlig fired multiple shots, hitting Valino three times, which caused his death. The Sandiganbayan acquitted Cabanlig’s co-accused for lack of evidence that they conspired or took part in the shooting. Cabanlig was convicted of homicide and sentenced to an indeterminate penalty of four months arresto mayor to two years and four months prision correccional and ordered
Case Digest (G.R. No. 148431)
Facts:
- Parties and Case Background
- Petitioner: SPO2 Ruperto Cabanlig, a police officer.
- Respondents: Sandiganbayan and Office of the Special Prosecutor.
- Case: Criminal Case No. 19436 for homicide filed against Cabanlig together with co-accused SPO1 Carlos Padilla, PO2 Meinhart Abesamis, SPO2 Lucio Mercado, and SPO1 Rady Esteban.
- Incident Date and Place: September 28, 1992, Municipality of Penaranda, Nueva Ecija.
- Facts Leading to the Shooting
- A robbery occurred on September 24, 1992. Police apprehended suspects Jordan Magat, Randy Reyes, and Jimmy Valino.
- Items stolen were mostly recovered except a flower vase and a small radio, whereabouts unknown to two suspects but allegedly moved by Valino.
- Cabanlig decided to bring Valino (instead of Magat and Reyes) to retrieve the missing items, accompanied by four policemen including himself, Padilla, Mercado, Abesamis, and Esteban.
- Around 6:30 p.m., the policemen, all armed and in uniform, escorted Valino in a police Isuzu pickup jeep with a rear compartment featuring two bench seats. Valino was not handcuffed.
- The Incident During Transport
- After crossing a railway bridge on a bumpy road, Valino grabbed Mercado's M16 Armalite rifle when Mercado momentarily tried to scratch his head.
- Valino jumped out of the moving vehicle with the M16 rifle, shouting "hoy!" was heard from Mercado.
- Cabanlig, facing the rear, immediately fired one shot without prior warning, followed by four more shots.
- Valino was fatally wounded with three gunshot wounds: one at the back of the head, one at the left side of the chest, and one at the left lower back.
- The other policemen stayed with Valino's body while Cabanlig and some went to a funeral parlor.
- Post-incident Investigation
- SPO4 Segismundo Lacanilao of Cabanatuan Police investigated on September 29, 1992, and was told by Mercado about the "salvaging" (summary execution) of Valino.
- Mercado later denied making such a statement.
- Trial Court Proceedings and Rulings
- The Sandiganbayan acquitted co-accused Padilla, Abesamis, Mercado, and Esteban for lack of evidence of conspiracy.
- Cabanlig was convicted of homicide, sentenced to four months and two years four months imprisonment plus a P50,000 indemnity to Valino’s heirs.
- Sandiganbayan held that Cabanlig’s shooting was not justified under self-defense or defense of a stranger but did not constitute murder due to lack of qualifying circumstances.
- The Sandiganbayan found Cabanlig exceeded his duty by shooting without warning.
- Associate Justice Badoy dissented, arguing that imminent danger justified the immediate shooting and acquitting Cabanlig.
- The Sandiganbayan denied reconsideration, affirming the conviction by a 4-1 vote.
Issues:
- Whether the Sandiganbayan erred in ruling that the defense of fulfillment of duty raised by Cabanlig was incomplete.
- Whether the Sandiganbayan erred in ruling that Cabanlig could not invoke self-defense or defense of a stranger to justify his actions.
- Whether the Sandiganbayan erred in sentencing Cabanlig to imprisonment and ordering payment of P50,000 to Valino’s heirs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)