Case Digest (G.R. No. 131421) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Geronimo Dado vs. People of the Philippines (G.R. No. 131421, November 18, 2002), petitioner SPO4 Geronimo Dado and CAFGU member Francisco Eraso were charged by Information dated August 24, 1993 with murder under Article 248 of the Revised Penal Code, alleging that on the evening of May 25, 1992 at Sitio Paitan, Barangay Sagasa, Esperanza, Sultan Kudarat, armed with firearms, with intent to kill, with evident premeditation and treachery, they shot and instantaneously killed Silvestre Balinas. Upon arraignment on September 22, 1992, both pleaded not guilty. Trial evidence showed that the police and CAFGU team lay in ambush to intercept cattle rustlers when Francisco Eraso fired an M16 rifle and Dado discharged his .45 pistol at an approaching figure, who proved to be the nephew of teammate Alfredo Balinas. Post-mortem and ballistic reports revealed the fatal bullet was a 5.56 mm jacketed slug consistent with an M16 round, not a .45 caliber. On April 22, 1994, the Regional Tria Case Digest (G.R. No. 131421) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and procedural history
- Geronimo Dado and Francisco Eraso were charged by Information dated August 24, 1993 with murder under Article 248 of the Revised Penal Code for the shooting death of Silvestre Balinas on May 25, 1992 at Sitio Paitan, Brgy. Sagasa, Esperanza, Sultan Kudarat.
- Upon arraignment (Sept. 22, 1992) both pleaded not guilty; following trial, the RTC (Apr. 22, 1994) convicted them of homicide and sentenced them under the Indeterminate Sentence Law (8 years 1 day to 14 years 8 months 1 day), plus civil indemnities. The Court of Appeals affirmed on June 26, 1997. Eraso’s separate petition was denied; Dado filed a Rule 45 petition in the Supreme Court (G.R. No. 131421).
- Incident and evidence
- On May 25, 1992 at about 11:00 p.m., a police‐CAFGU team—composed of SPO4 Dado (.45 pistol), CAFGU Eraso (M16), and CAFGU members Alfredo Balinas and Rufo Alga (each with M14 rifles)—lay in ambush behind a dike to intercept cattle rustlers. They were in a half‐kneeling position, roughly two arm‐lengths apart, facing south.
- A half‐naked man approached at ~50 m. Eraso fired first with his M16; immediately thereafter, Dado fired one shot from his .45 pistol. The victim, Silvestre “Butsoya” Balinas (nephew of Alfredo), fell shouting “Tay Dolfo, ako ini” and died instantly.
- Post‐mortem by Dr. Rhodora Antenor revealed two entry wounds: one tangential to the right outer arm (nonfatal) and a fatal upward‐trajectory wound in the mid‐inner thigh, damaging pelvic organs; three metallic slugs were recovered.
- NBI Ballistician Elmer Piedad examined the fragments: SB-1 was part of a copper jacket of a 5.56 mm bullet; SB-2 and SB-3 could possibly be the lead core of SB-1, but their origin was doubtful. No .45‐caliber fragments were positively identified.
- Dado testified he thought the rapid bursts behind him were enemy fire, and, to demoralize the supposed enemy, he fired one shot eastward—later learning only by Eraso’s apology that someone had been hit.
Issues:
- Conspiracy
- Whether conspiracy was properly alleged in the Information and, if so, proven beyond reasonable doubt.
- Homicide liability
- Whether the evidence establishes that Dado personally inflicted the fatal wound or the arm wound.
- Whether there was animus interficendi (intent to kill) on Dado’s part.
- Proper offense
- In the absence of intent to kill, whether Dado should instead be convicted of illegal discharge of firearm under Article 254, RPC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)