Case Digest (G.R. No. 153674)
Facts:
In G.R. No. 247961, decided on June 16, 2021 under the 1987 Constitution, the People of the Philippines charged brothers Roberto, Roger, Ronnie and Rolly Bautista with multiple felonies arising from two incidents on December 30, 2011 and January 30, 2012 at a basketball court in Barangay Cabaroan Daya, Bantay, Ilocos Sur. In Criminal Case No. 6961-V, they were accused of Murder for stabbing Senior Police Officer I (SPO1) Rufino Rapacon to death with treachery, evident premeditation, abuse of superior strength and with intent to kill. In Criminal Case No. 6962-V, Rolly was likewise charged with Frustrated Murder with Direct Assault for stabbing SPO1 Florence Rapacon, also a police officer, inflicting a mortal wound but not causing death due to timely medical aid. A third information (CC No. 6963-V) for frustrated homicide against Levi Liberato was later dismissed for lack of evidence. The Regional Trial Court (RTC) of Vigan City, Branch 20, on April 8, 2016, found all four appellCase Digest (G.R. No. 153674)
Facts:
- Background and Incident
- On December 30, 2011 at around 10:30 PM in Barangay Cabaroan Daya, Bantay, Ilocos Sur, Eric Pajarillo was attacked by Roger Bautista and, subsequently, by his brothers Roberto, Ronnie and Rolly Bautista at a basketball court.
- Senior Police Officer I (SPO1) Rufino Rapacon and his pregnant wife, SPO1 Florence Rapacon, both armed, heard Eric’s cry for help and rushed to intervene. From a distance of 3–5 meters, all four accused simultaneously stabbed SPO1 Rufino—with a screwdriver, knives and a broken bottle—inflicting multiple fatal wounds. SPO1 Florence fired warning shots, then shot Ronnie in the lower body; Rolly stabbed her from behind, but she wrested the knife and stabbed him in the shoulder. Rufino was declared dead on arrival at the hospital; Florence recovered after four days, underwent a C-section, but the newborn died.
- Procedural History
- Criminal Informations
- No. 6961-V: Murder of SPO1 Rufino Rapacon, qualified by treachery, premeditation, abuse of superior strength, police‐duty victim.
- No. 6962-V: Frustrated Murder of SPO1 Florence Rapacon, qualified by treachery, abuse of superior strength, police‐duty victim.
- No. 6963-V: Frustrated Homicide of Levi Liberato, non‐police victim.
- RTC (Apr 8, 2016): Convicted all four appellants of Murder in No. 6961-V (reclusion perpetua; damages); convicted Rolly of Frustrated Murder in No. 6962-V; dismissed No. 6963-V for lack of evidence.
- CA (Feb 22, 2018): Affirmed RTC convictions with upward modification of awards for civil indemnity, moral, exemplary and temperate damages.
- SC Appeal: Appellants challenged (a) conspiracy finding in No. 6961-V; (b) abuse of superior strength finding; (c) treachery finding in No. 6962-V; and (d) failure to determine individual participation.
Issues:
- In Criminal Case No. 6961-V (Murder)
- Whether conspiracy among the four appellants was sufficiently proven.
- Whether the aggravating circumstance of abuse of superior strength was established.
- Whether individual culpability was properly assessed.
- In Criminal Case No. 6962-V (Frustrated Murder)
- Whether the qualifying circumstance of treachery was proven beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)