G.R. No. 231765 - Delos Santos vs. People

Police Officer I Carlo B. Delos Santos (PO1 Delos Santos) was charged with Murder along with Salvador C. Galos, Danilo A. Arevalo, Barangay Captain Erlinda Arevalo, Ronaldo "Bahotog" Almoete, and three John Does.
The crime allegedly took place on March 7, 2007, at around 7:35 p.m., in Brgy. Baybay Dagat, San Fernando, Masbate, where the accused allegedly conspired, confederated, and mutually aided each other to kill Pio V. Ontog, Jr. (the victim) using guns, with evident premeditation, treachery, superior strength, and abuse of public position.
Upon arraignment, PO1 Delos Santos pleaded not guilty. The trial venue was transferred to Branch 224, Regional Trial Court (RTC), Quezon City.

On the date of the incident, PO1 Ronald B. Medalla, the victim Pio, and barangay tanod Joseph Oliva went to Barangay Captain Arevalo’s house to discuss a local conflict. They found the accused engaged in a drinking session.
A confrontation ensued when Salvador Galos struck PO1 Medalla with the butt of his gun and then fired shots hitting Pio above the abdomen. More gunshots were fired as Pio tried to evade.
Barangay Captain Arevalo urged the shooters to continue shooting Pio, calling him "mataray" (bold).
Oliva attempted to report the incident at the police station but was stopped by PO1 Delos Santos and another officer, Rodolfo Pelones, both in civilian clothes, who brought him temporarily into a warehouse.
After being allowed to leave, Oliva reported the incident to a supporter of a political rival and returned to the scene to help recover the victim’s body, who was declared dead on arrival at the hospital.
The prosecution witnesses testified the shooting was politically motivated, highlighting PO1 Delos Santos’ role as the security escort of the sitting mayor, Helen Bunan.
PO1 Medalla admitted the underlying conflict involved a dispute over the use of a public road, involved supporters of different political candidates.

Galos claimed he was collecting fish payment when PO1 Medalla confronted Danilo Arevalo.
A quarrel ensued with weapons pointed; during the struggle for the gun, it accidentally fired hitting Pio.
Galos denied conspiracy and suggested the shooting was accidental amid a physical tussle.
Police officers, including PO1 Delos Santos, testified that they were organizing a response to an incident and that PO1 Delos Santos did not prevent reporting nor actively participate in the crime.

The RTC found PO1 Delos Santos and Galos guilty beyond reasonable doubt of Murder, citing treachery, evident premeditation, conspiracy, abuse of public position, superior strength, and other qualifying circumstances.
The RTC sentenced them to reclusion perpetua and awarded various damages to the victim’s heirs.

The CA affirmed the conviction with modifications, increasing the amounts of damages and imposing legal interest.

PO1 Delos Santos petitioned for review, challenging the findings on conspiracy, treachery, premeditation, and abuse of superior strength.
He asserted that the prosecution failed to prove his active participation or conspiracy, noting that he merely did not prevent the crime’s commission and was near the crime scene.

Whether the conviction of PO1 Carlo Delos Santos for Murder based on conspiracy, treachery, evident premeditation, and abuse of public position is proper, considering that his alleged participation was preventing a witness from reporting the shooting.