G.R. No. 216642 - Cruz y Basco vs. People

PO2 Bernardino Cruz y Basco (Cruz), a policeman assigned to Police Station 1, Manila, was charged with:

Homicide for killing Gerwin Torralba y Fernandez, a 9-year-old child, by firing a gun that caused fatal wounds on or about September 9, 2008.
Frustrated homicide for shooting Archibald Bernardo y David on the same date, inflicting serious injuries but not causing death.

On September 9, 2008, Bernardo was delivering LPG gas tanks and received a complaint about a leak.
While riding his motorcycle along Paulino Street towards Nepa and Alfonso Streets, Bernardo encountered Cruz, who was also on a motorcycle outside Balut Bakery.
Cruz supposedly tried to flag Bernardo down; after a brief heated verbal exchange, Cruz drew his gun and fired successive shots at Bernardo.
Bernardo was hit twice at the back of his left arm and once on his right wrist while attempting to flee. He lost control of his motorcycle and was unable to return fire.
Meanwhile, Gerwin Torralba, flying a kite nearby, was struck by a stray bullet, fell, and later died in the hospital.
Bernardo survived after medical treatment; Torralba expired upon arrival at Jose R. Reyes Memorial Medical Center.

Cruz claimed he was on patrol duty on September 9, 2008, riding his own motorcycle along Paulino Street.
Bernardo overtook him abruptly, blocked his path, almost causing a collision, and shouted "Ano rin!" while drawing a handgun and pointing it at Cruz.
Fearing for his life, Cruz fired at Bernardo's arms to repel an imminent unlawful aggression.
Cruz ceased firing when he observed bystanders approaching and fled the area on foot, surrendering later to his superior along with his service firearm.
He only learned afterward of Torralba's accidental shooting and death.

Reckless imprudence resulting in homicide for Torralba’s death, due to lack of criminal intent.
Frustrated homicide for the injuries inflicted on Bernardo.

Cruz was sentenced to indeterminate penalties for both offenses and ordered to pay civil, actual, moral, and funeral damages to the victims and heirs.

The prosecution’s evidence was sufficient and credible.
Cruz's version lacked credibility with inconsistencies in defense witnesses' testimony.
The justifying circumstance of fulfillment of duty and mitigating circumstances of voluntary surrender or sufficient provocation were not discussed or favored.

Cruz contended that he acted in self-defense and in lawful performance of duty, invoking the justifying circumstances.
Alternatively, he argued for mitigation due to sufficient provocation and voluntary surrender.
The Office of the Solicitor General (OSG) countered that these defenses and mitigations lack evidentiary support.
OSG also argued that the charge for Torralba’s death should be homicide, not reckless imprudence resulting in homicide, as it resulted directly from Cruz’s felonious shooting at Bernardo.

Whether the CA erred in ruling that Cruz was not acting in self-defense or in the lawful performance of duty at the time of the shooting.
Whether the CA erred in not appreciating the mitigating circumstances of sufficient provocation and voluntary surrender in favor of Cruz.
Whether the CA erred in holding Cruz guilty only of reckless imprudence resulting in homicide for Torralba’s death instead of homicide.