Case Digest (G.R. No. 254269)
Facts:
The case involves two police officers, PO2 Anthony Cacho and PO2 Randolph Cambe, who were charged with two counts of Frustrated Murder and Attempted Murder stemming from an incident that occurred on October 11, 2010, at approximately 9:30 PM in Sitio Caarosipan, Barangay Apostol, San Felipe, Zambales, Philippines. The victims, brothers Lynyrd S. Cueva and Paul David Cueva, were attacked by the petitioners while they were leaving a videoke bar. The prosecution's version of events indicates that the Cueva brothers, along with their mother and friends, were confronted by the petitioners after causing noise while exiting the bar. PO2 Cambe allegedly shot Paul in the left thigh and then shot Lynyrd in the abdomen. The defense claimed that the officers were conducting surveillance for illegal activities and that they acted in self-defense after being attacked by the group, which included Roberto Dicipulo, who allegedly struck PO2 Cambe with a beer bottle. The Regional Trial Cou...
Case Digest (G.R. No. 254269)
Facts:
The Charges: Petitioners PO2 Anthony Cacho and PO2 Randolph Cambe were charged with two counts of Frustrated Murder for shooting Lynyrd S. Cueva and Paul David Cueva on October 11, 2010, in Sitio Caarosipan, Brgy. Apostol, San Felipe, Zambales. The Informations alleged that they acted with intent to kill, abusing their superior strength by being armed with guns.
Prosecution's Version: The victims, Lynyrd and Paul, testified that they were at Bachelor’s Bar with their mother Merlyn and others. When they attempted to leave, petitioners blocked their path, cursed them, and PO2 Cambe shot Paul in the leg and Lynyrd in the abdomen. PO2 Cambe attempted to shoot them again, but his gun jammed. PO2 Cacho urged PO2 Cambe to “finish them off.”
Defense's Version: PO2 Cambe claimed self-defense, stating that the victims’ group was noisy and aggressive. Roberto, a member of the group, struck him with a beer bottle, causing him to fall. When Lynyrd and Paul attempted to attack him, he shot them to defend himself. PO2 Cacho corroborated this testimony, stating they were conducting surveillance and acted in self-defense.
Trial Court’s Ruling: The trial court found petitioners guilty of Frustrated Murder and Attempted Murder, rejecting PO2 Cambe’s self-defense claim. It ruled that petitioners acted in conspiracy and abused their superior strength.
Court of Appeals’ Ruling: The Court of Appeals affirmed the conviction but modified the penalties. It held that petitioners were guilty of Frustrated Murder and Attempted Murder, crediting them with voluntary surrender.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
Self-Defense Elements: Self-defense requires (1) unlawful aggression, (2) reasonable necessity of the means employed, and (3) lack of sufficient provocation. While there was unlawful aggression and reasonable means used, petitioners’ provocation barred the defense.
Intent to Kill: PO2 Cambe’s intent to kill was evident from his attempts to shoot the victims multiple times, even after his gun jammed.
Conspiracy: Conspiracy exists when two or more persons act in concert to achieve a common criminal purpose. PO2 Cacho’s actions and statements showed he supported PO2 Cambe’s criminal design.
Abuse of Superior Strength: This qualifying circumstance was not proven. The altercation arose unexpectedly, and petitioners did not consciously seek to use their superior strength.
Modification of Penalties and Damages: The Court adjusted the penalties and damages in line with the downgraded crimes and prevailing legal standards.