Case Digest (G.R. No. 94210)
Facts:
People of the Philippines v. Pablo Macapas, Tranquilino O. Calo, Jr. and Belarmino Allocod, G.R. No. 94210, April 26, 1996, First Division, Vitug, J., writing for the Court. The case arose from the in‑court killing of Mariano Corvera, Sr. inside the Regional Trial Court, Branch II, Butuan City, immediately after he testified in a frustrated murder trial; Pablo Macapas fired the fatal shots, and an information (Criminal Case No. 3464) later charged Macapas, his counsel Tranquilino O. Calo, Jr., and Calo’s driver Belarmino Allocod with murder under Article 248 of the Revised Penal Code, alleging treachery and evident premeditation.After the information was filed, Executive Judge Dabalos ordered the raffle and issued a warrant of arrest (Dec. 8, 1988): no bail for Macapas, bail fixed at P50,000 for Calo and Allocod. The grant of bail was repeatedly litigated: the Court of Appeals (CA-G.R. SP No. 16383) set aside the lower court’s order (Jan. 31, 1989) and directed a hearing to determine whether the evidence of guilt was strong; Judge Dabalos thereafter indorsed the case to Judge Jose Adao (Feb. 8, 1989). Judge Adao placed the accused in custody (Feb. 9, 1989) but later fixed bail (Feb. 24, 1989) — P100,000 for Calo and P60,000 for Allocod — an order temporarily restrained by the Supreme Court in G.R. No. 87194 (Mar. 15, 1989). The Court of Appeals ultimately affirmed the lower court’s grant of bail (May 16, 1989), but the Supreme Court, in G.R. No. 88531, cancelled the bail and permanently restrained enforcement of the CA ruling (June 18, 1990).
There were also disputes over trial judge assignment: this Court initially designated Judge Zenaida Placer to take over the case (Feb. 2, 1989); upon petition for her inhibition the Supreme Court disqualified her and designated Judge Alfredo Lagamon to try the case (G.R. No. 87932). The accused Calo and Allocod were arraigned on March 31, 1989 and pleaded not guilty. The prosecution presented eyewitness testimony and circumstantial evidence describing Calo’s animus toward Corvera, Calo’s alleged handing of a revolver to Macapas in the capitol building, Macapas’s entry into the courtroom and shooting of Corvera, and the subsequent flight in a vehicle frequently used by Calo; police apprehended the vehicle’s driver, later identified as Allocod, when the vehicle returned to the capitol grounds.
The trial court found Calo and Allocod guilty beyond reasonable doubt of murder (Decision promulgated March 16, 1990), sentencing both to reclusion perpetua and awarding civil damages to Corvera’s heirs. Their motion for reconsideration was denied, and they filed a notice of appeal to the Supreme Court. During...(Pro-only)
Issues:
- Whether the criminal prosecution and appeal against Tranquilino O. Calo, Jr. may proceed following his death.
- Whether the evidence established beyond reasonable doubt that Belarmino Allocod participated in or assisted the commission of the murder, justifyi...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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