Case Digest (G.R. No. 206725) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Gervero et al. (G.R. No. 206725, decided March 11, 2019 under the 1987 Constitution), the Supreme Court reviewed the joint appeals of Esmael Gervero (deceased), Florencio Arbolonio, Danilo Castigador, Celso Solomon, and Eduardo BaAes, all members of the Citizens Armed Forces Geographical Unit (CAFGU), from the 31 March 2011 Court of Appeals decision affirming with modification the 6 March 2006 Regional Trial Court (RTC) of Iloilo City, Branch 29, Criminal Case No. 37792 conviction. The RTC had found the five accused guilty beyond reasonable doubt of multiple murder for the November 25, 1991 shooting at Barangay Milan, Lemery, Iloilo, that killed Barangay CVO Commander Hernando Villegas and his companions Jose Villegas and Benito Basug, Jr. The Information charged the accused with willful, unlawful, and felonious killing, aided by treachery, evident premeditation, and superior strength. The prosecution presented eye-witnesses who testified that Case Digest (G.R. No. 206725) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural History
- On 27 March 1992, an Information for multiple murder was filed against Esmael Gervero, Florencio Arbolonio, Danilo Castigador, Celso Solomon, and Eduardo BaAes in RTC, Branch 29, Iloilo City (Crim. Case No. 37792).
- The RTC, on 6 March 2006, convicted the five accused of murder, sentencing each to reclusion perpetua for the deaths of Hernando Villegas, Jose Villegas, and Benito Basug, Jr., with damages. The CA, on 31 March 2011, affirmed the conviction but modified the amounts of damages. This appeal ensued before the Supreme Court.
- Prosecution Version
- Earlier that day, CAFGU officers BaAes, Castigador, and companions demanded money from Barangay CVO Commander Hernando Villegas, receiving ₱20.00 with insulting remarks.
- At around 8:00 p.m., Hernando, his fellow CVO members Jose and Benito, and later Isaac Villegas and eyewitnesses Delia Villegas and Roda Incronal were traversing an illuminated national road toward a wake. Suddenly, a group of armed men opened fire at close range, instantly killing the three CVOs.
- Witnesses identified the gunmen as the accused. Later, at Barangay Captain Balinas’s house, the accused admitted a “mistake,” claiming they thought the victims were NPA members. The victims bore numerous gunshot wounds: Jose had 14, Hernando 16, and Benito 20.
- Defense Version
- The accused testified they were on a verbal order from Senior Inspector Baldevinos to conduct an anti-NPA patrol at Barangay Milan, using the password exchange “Simoy”–“Amoy.”
- They claimed the approaching men failed to reply correctly, opened fire first, and that they merely returned fire in a 30-minute exchange. They recovered weapons from the slain and reported the incident to the barangay captain and police.
Issues:
- Whether the trial court erred in rejecting the defense of mistake of fact.
- Whether the trial court erred in appreciating the qualifying circumstance of treachery to elevate the killings to murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)