Case Digest (G.R. No. 177000)
Facts:
On December 5, 1995, petitioners Nestor Guelos, Rodrigo Guelos, Gil Carandang and SPO2 Alfredo Carandang y Prescilla were charged by two Informations in the Regional Trial Court of Tanauan City, Batangas (Branch 83) with the complex crime of Direct Assault Upon an Agent of a Person in Authority with Homicide under Articles 148 and 249, in relation to Article 48, of the Revised Penal Code for the deaths of SPO2 Estelito Andaya and P/Chief Inspector Rolando M. Camacho on June 4, 1995 at Barangay Boot. According to the prosecution’s eyewitness, PO2 Edgardo Carandang, the four petitioners forcibly restrained the policemen—who were in plain clothes but armed—and Nestor shot both officers at close range. The defense witnesses, including Nestor, Alfredo and Rodrigo, claimed the police unexpectedly attacked them while they were drinking, and that Nestor was shot when he attempted to surrender his rifle. On January 24, 2003, the RTC convicted all four for the complex crime, meting prisonCase Digest (G.R. No. 177000)
Facts:
- Parties and Procedural History
- Petitioners: Nestor Guelos, Rodrigo Guelos, Gil Carandang, and SPO2 Alfredo Carandang y Prescilla; Respondent: People of the Philippines.
- Two Informations filed December 5, 1995 with RTC Tanauan City, Branch 83:
- Criminal Case No. P-204: Direct Assault Upon an Agent of a Person in Authority with Homicide (Articles 148 & 249, RPC, in relation to Art. 48), victim SPO2 Estelito Andaya.
- Criminal Case No. P-205: same complex crime, victim P/Chief Insp. Rolando M. Camacho.
- RTC Decision January 24, 2003 convicted petitioners; CA affirmed November 17, 2006; SC denied reconsideration; petition for review on certiorari under Rule 45.
- Prosecution’s Version
- June 4, 1995: P/C Insp. Camacho, SPO2 Andaya, PO2 Carandang and SPO1 Garcia went to Barangay Boot to monitor illegal gunfire; traced shots to Silveria Guelos’s backyard where ~15 men drank liquor.
- Camacho introduced themselves, ordered collection of empty shells. As PO2 Carandang collected shells, Nestor attacked Carandang; Alfredo and Rodrigo held Camacho; Nestor shot and killed Camacho; then Nestor shot Andaya, held by Gil; Nestor pursued and wounded Carandang; SPO1 Garcia returned fire wounding Nestor.
- Defense’s Version
- Nestor: heard gunfire, picked up rifle to surrender, was shot by SPO1 Garcia.
- Alfredo: Camacho and companions in civilian clothes forced entry, frisked group, Camacho accidentally discharged his rifle wounding Alfredo.
- Rodrigo: officers barged in, frisked men; Rodrigo swiped Camacho’s rifle; gunfire ensued; Camacho and Andaya fell; Rodrigo fled for help.
- Trial and Prior Rulings
- Prosecution witnesses: PO2 Carandang (eyewitness), civilians, medical experts; Defense witnesses: petitioners and others.
- RTC credited prosecution’s version, especially Carandang’s testimony; found no motive to lie; convicted petitioners of the complex crime; imposed prison and damages.
- CA affirmed conviction “in toto.”
Issues:
- Assignments of Error by Petitioners
- CA erred in relying on uncorroborated testimony of PO2 Carandang.
- Insufficiency of evidence to prove crime beyond reasonable doubt.
- Failure to prove conspiracy among petitioners.
- No proof officers were in performance of duties (no mission order; civilian attire).
- Logical inconsistency: Carandang could not witness killings while injured.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)