Case Digest (G.R. No. L-28104-05)
Facts:
The People of the Philippines v. Pedro Mil, G.R. Nos. L-28104-05, July 20, 1979, Supreme Court En Banc, Concepcion Jr., J., writing for the Court.The accused-appellant Pedro Mil, a corporal of the Philippine Constabulary (PC) stationed at Camp Lukban, Catbalogan, Samar, was charged in two separate informations following shootings on February 12, 1967. The Court of First Instance of Samar convicted him of two counts of murder (Criminal Cases Nos. 7548 and 7551), as well as frustrated murder and illegal possession of a firearm, and imposed the death penalty in each murder case while awarding indemnity and moral damages to the victims’ heirs; those judgments were the subject of mandatory review by the Supreme Court because they carried the death penalty.
Chronology of antecedent events: on December 22, 1966, Augusto Arteche was maimed by Mil at a nightspot and Mil was subsequently placed under technical arrest by his commanding officer; in the meantime Arteche filed a complaint and both families experienced recurring harassment. Attempts at an amicable settlement were undertaken, including a letter from Atty. Filomeno Arteche Jr. asking for a settlement, which a sergeant, Pedro Arteche, was to deliver to Augusto but allegedly failed to do so.
On the evening of February 12, 1967, Augusto was at Amba’s Refreshment Parlor with companions when Mil and others entered. After an invitation to join their table and an apparent conversation, Mil drew a .45-caliber pistol, shouted threats, and shot Augusto while the latter pleaded with his hands raised; Mil then fired additional shots at the prostrate victim and, according to witnesses, kicked or stepped on the body. Mil also shot a sleeping companion, Salvador Alba (resulting in a frustrated murder charge). Augusto died shortly after arrival at the provincial hospital; an autopsy showed multiple gunshot wounds.
About an hour later Mil visited the home of Sgt. Pedro Arteche, questioned him about the undelivered settlement letter, shot him, and returned to camp to surrender to his commanding officer. Pedro Arteche was hospitalized and died two days later. The information charged murder in both killings, alleging aggravating circumstances including evident premeditation, treachery, taking advantage of public position, use of a motor vehicle, dwelling, and insult to rank; Mil was also prosecuted for frustrated murder (Alba) and illegal possession of an unlicensed firearm.
At trial the Court of First Instance found Mil guilty of the two murders and the oth...(Subscriber-Only)
Issues:
- Was the death sentence properly imposed for the killing of Augusto Arteche — specifically, were evident premeditation and the alleged aggravating circumstances (treachery, cruelty/outraging, taking advantage of public position) established to warrant death?
- Was the death sentence properly imposed for the killing of Pedro Arteche — specifically, were the alleged aggravating circumstances (dwelling, use of a motor vehicle, taking advantage of public position, insult for rank) established and were mitigating circumstances (voluntary s...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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